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ANACLET KALIA MUSAU
V.
ATTORNEY GENERAL & 2 OTHERS

(2020) JELR 106122 (CA)

Court of Appeal 24 Apr 2020 Kenya
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Case Details

Suit Number:Civil Appeal 111 of 2017
Judges:Martha Karambu Koome, Roselyn Naliaka Nambuye, William Ouko
Location:Nairobi
Other Citations:Anaclet Kalia Musau v. Attorney General & 2 Others [2020] eKLR

JUDGMENT OF THE COURT

The appellant herein is the administrator of the estate of his late son, Vincent Mangalo Kalia (deceased). He instituted the suit against the respondents before the High Court claiming damages under the Law Reform Act and Fatal Accidents Act following a fatal road accident involving motor vehicle Registration No. GKA 376S belonging to the 2nd respondent and the deceased. Although the accident occurred on 30th June, 2011 the claim was not instituted until 8th February, 2013. And because of the provisions of the Public Authority Limitations Act, suit against the 1st and 2nd respondents were struck out by the court below (Aburili, J), the learned Judge being of the view that;

“21. The material accident having occurred on 30th June 2011, the plaint or claim against the Attorney General and Inspector General of Police ought to have been instituted on or before 30th June 2012. It is trite that the claim having been instituted on 8th February 2013, it was caught by the st…

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