FLEET WOOD ENTERPRISES LIMITED v JOHN NGATA KARIUKI [2010] KEHC 95 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MALINDI

CIVIL SUIT NO. 123 OF 2009

FLEET WOOD ENTERPRISES LIMITED ………PLAINTIFF

VERSUS

JOHN NGATA KARIUKI………………………..…DEFENDANT

THE ATTORNEY GENERAL……………………..DEFENDANT

RULING

The Chamber Summons application is dated 9th August 2010 seeking leave for judgment to be entered against the Attorney General in default of filing defence within the prescribed time.

The application is made under order IXA Rule 7 and 11 Civil Procedure Rules. While the application is brought under the current provisions, and indeed the Attorney General entered appearance I pause to ask, was there a Notice of Intention to sue served and filed? I have gone through the court records and find none.

The provisions under the Government proceedings Act section 13 (A) (1) requires that notice of intention to sue in writing, must be served on the Government and the proceedings shall not be instituted until after the expiry of a period of thirty days. The notice is in a format set out in Third schedule of Cap 40.

All that I see is a letter reminding Attorney General that no defence has been filed and plaintiff’s intent to apply for entry of judgment after a lapse of 14 days. That is not the same as a Notice of Intention to sue which ought to be served on the.

For this reason the, I decline to grant the prayers sought.

The application is dismissed with costs

Delivered and dated this 15th day of December 2010 at Malindi

H. A. OMONDI

JUDGE

Delivered in absence of parties

Registry to notify parties that judgment has been delivered.