MWANZIA MAKAU V SPECIAL DISTRICT COMMISSIONER KITUI & 2 OTHERS [2012] KEHC 2292 (KLR)

Facts

The plaintiff, Mwanzia Makau, filed an application under Order IXA Rules 7 and 11 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act (Cap 21). The 1st and 2nd respondents, the Special District Commissioner Kitui and the Kitui District Land Adjudication and Settlement Officer, did not file their respective appearances or defences.

Issues

1. Whether the application was a requirement for the entry of an interlocutory judgment against the government.
2. Whether the proceedings against the 1st and 2nd respondents were proceedings against the government.

Reasoning

The court found the application to be incurably incompetent because the applicant did not cite the law under which he sued the respondents and did not indicate the law that makes the proceedings against the respondents proceedings against the government.

Outcome

The application was struck out with no orders as to costs.

Authorities cited