Customer Support

JACKSON K. KIPTOO
V.
ATTORNEY GENERAL

(2009) JELR 97078 (CA)

Court of Appeal 6 Nov 2009 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 240 of 2003
Judges:Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki
Location:Nairobi
Other Citations:Jackson K. Kiptoo v. Attorney General [2009] eKLR

JUDGMENT OF THE COURT

This is a first appeal from the decision of the superior court (Ang’awa, J) made on 30th July, 2002, dismissing the appellant’s suit on the ground that the court had no jurisdiction to entertain the claim since Section 13A of the Government Proceedings Act was not complied with. In the same decision, the learned Judge assessed liability between the parties and made orders on both special and general damages, all of which are also challenged. As it is a first appeal, we are bound to re-examine the record afresh, re-evaluate the evidence and make our own conclusions in the matter always remembering, however, and giving allowance for it, that the trial court had the added advantage of hearing and seeing the witnesses and was the best judge on credibility. As to findings made on matters of fact, this Court will only interfere where the finding is based on no evidence, or on a misapprehension of the evidence or the Judge is demonstrably shown to have acted on wrong pri…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.