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AG NYAGA
V.
HJ NYAMU & ANOR

(1976) JELR 106449 (CA)

Court of Appeal 10 Mar 1976 Kenya
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Case Details

Suit Number:Civil Appeal 43 of 1975
Judges:Eric John Ewen Law Abdulla Mustafa Justin Saulo Musoke
Location:Nairobi
Other Citations:AG Nyaga v. HJ Nyamu & another [1976] eKLR

JUDGMENT

The appellant filed an action against the respondents for general and special damages for having unlawfully evicted her from her flat and for damaging or destroying her goods. On what amounted to a preliminary ruling, the trial judge held that the plaint disclosed no cause of action and dismissed it with costs, hence this appeal.

In her amended plaint the appellant alleged, inter alia, as follows:

(2)The first [respondent] was at all material times employed as the principal, Kenya Institute of

Administration, run as such under the President’s Office by the Government of the Republic of Kenya ....

(3)The second [respondent] is the Attorney-General and joined as a party in this suit in accordance with the provisions of section 4 the Government Proceedings Act, chapter 40 of the Laws of Kenya ... At all times material to the torts complained of hereafter the said Office was the employer of the first [respondent.]

(4)On or about 17th November 1973 at about 7.30 am five administrative p…

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