[2007] KEHC 2724 (KLR)

[2007] KEHC 2724 (KLR)

The court held that third party proceedings in this context constitute a suit against the government. As such, the law requires the third party (the government) to enter appearance, and any judgment against the government must be by leave of the court. Furthermore, pursuant to Legal Notice No. 300 of 19.1.2007, such...

Source-derived case information.

Citation
[2007] KEHC 2724 (KLR)
Parties
Plaintiff: Prof Samson Kegengo Ongeri; Defendant: The Town Council of Kilifi
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Civil Case 30 of 2006
Procedural Posture
Civil Case / Ruling on Referral to Chief Justice Regarding Third Party Proceedings Against Government
Outcome
Matter referred to the Chief Justice for directions; costs in the cause.
Judges
CA Ombija
Legal Topics
Third Party Proceedings, Government as Party, Default Judgment, Referral to Chief Justice
Source Language
en
Civil Procedure Third Party Proceedings Government as Party Default Judgment Referral to Chief Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Prof Samson Kegengo Ongeri

Plaintiff

The Town Council of Kilifi

Defendant

Procedural Posture

Civil Case / Ruling on Referral to Chief Justice Regarding Third Party Proceedings Against Government

Legal Issues

  1. 1 Whether third party proceedings against the government require special procedure.
  2. 2 Whether judgment can be entered against the government without leave of court.
  3. 3 Whether the matter should be referred to the Chief Justice under L.N. 300 of 19.1.2007.

Ratio Decidendi

The court held that third party proceedings in this context constitute a suit against the government. As such, the law requires the third party (the government) to enter appearance, and any judgment against the government must be by leave of the court. Furthermore, pursuant to Legal Notice No. 300 of 19.1.2007, such matters must be referred to the Chief Justice for directions. The court therefore referred the matter to the Chief Justice for further directions and ordered that costs be in the cause.

Court Disposition

Matter referred to the Chief Justice for directions; costs in the cause.

Orders

  • The matter is referred to the Chief Justice for directions on 30.3.2007 or any other convenient date.
  • Costs be in the cause.