Davis & Shirtliff Ltd v Attorney-General [1978] KECA 1 (KLR)
- Court
- Court of Appeal
- Case number
- 1
- Citation
- [1978] KECA 1 (KLR)
- Decided
- 14 December 1978
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant appeals against the High Court's decision to strike out the appellant's plaint.CoramC.B MADAN, E.J.E LAW, C.H.E MILLER
Holding
The appeal is dismissed with costs. The Government is exempted from liability under section 4(5) of the Government Proceedings Act.
Facts
The appellant filed a suit against the Attorney-General for Shs 69,040/75, claiming it as money had and received by the Attorney-General to the use of the appellant. The court broker, Mbaru Auctioneers, recovered the money but converted it to their own use.
Issues
- Interpretation of section 4 of the Government Proceedings Act
- Whether the Attorney-General is liable for the court broker's conversion of money
Reasoning
The court broker was acting as an agent of the court and therefore of the Government. The Attorney-General is exempted from liability under section 4(5) of the Government Proceedings Act.
Outcome
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Authorities cited
Legislation (2)
- Government Proceedings Act
- Interpretation and General Provisions Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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