Triple I & K Limited v Attorney General & 2 others [2018] KECA 177 (KLR)
- Court
- Court of Appeal
- Case number
- 177
- Citation
- [2018] KECA 177 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's order striking out the Attorney General as a defendantCoramW. Ouko, Asike-Makhadia, D.K. Musinga
Holding
The appeal is dismissed with costs to the respondents as the Attorney General was not rightly joined as a defendant to the suit.
Facts
The appellant filed a suit against the respondents for breach of contract after the 3rd respondent terminated the contract. The 1st respondent sought to have his name struck out as he was wrongfully sued on behalf of the 3rd respondent.
Issues
- Whether the Attorney General, the 1st respondent, was rightfully struck out as a defendant to the appellant's suit
Reasoning
The mere fact that the invitation to tender was advertised by the Ministry of Public Works does not found a cause of action against the 1st respondent. No common question of law or fact would arise if separate suits were brought against the three respondents.
Outcome
Appeal dismissed
Orders
- The Attorney General's name was struck out of the proceedings
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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