Attorney General & 4 others v Abraham Kithinji Ireri [2020] KEHC 1708 (KLR)
- Court
- High Court of Kenya
- Case number
- 1708
- Citation
- [2020] KEHC 1708 (KLR)
- Decided
- 5 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an interlocutory judgment
Holding
The interlocutory judgment is set aside, and the case is transferred back to the subordinate court for hearing and determination.
Facts
The respondent sought an interlocutory judgment against the government for damages for unlawful arrest and confinement, but the application was not brought in a timely manner.
Issues
- Whether the interlocutory judgment entered on 27/09/2013 was irregular and whether it should be set aside
Reasoning
The court found that the application was not brought in a timely manner and that the interlocutory judgment was obtained unprocedurally.
Outcome
Appeal allowed
Orders
- Interlocutory judgment set aside
- Case transferred back to the subordinate court
- Appellants granted leave to file their defences within 30 days
- Costs in the cause
Remedies
- Set aside the interlocutory judgment
- Transfer the case back to the subordinate court for hearing and determination
Authorities cited
Legislation (3)
- Civil Procedure Act
- Government Proceedings Act
- Order 10 Rule 8 of the Civil Procedure Rules
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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