SAMSON KEGENGO ONGERI v TOWN COUNCIL OF KILIFI [2007] KEHC 2724 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI

Civil Case 30 of 2006

PROF SAMSON KEGENGO ONGERI ….……… PLAINTIFF

VERSUS

THE TOWN COUNCIL OF KILIFI ………….... DEFENDANT

R U L I N G

The 3rd party notice is a proceeding against the Government.

The law requires that the 3rd party enter appearance.  In default judgment to be taken.

Judgment against the government will of course will be by leave of the court.

In effect of the 3rd party proceeding is a suit in this context against the Government.  It is one of the cases to be refereed to the Chief Justice courtesy of L.N. 300 of 19. 1.2007.

Accordingly I refer the matter to the Chief Justice for directions on 30. 3.2007 or any other day convenient to the Chief Justice.

Costs be in the cause.

DATED and delivered at Malindi this 27th day of February 2007.

N.R.O. OMBIJA

JUDGE

Read in the presence of Onyango for the 1st defendant/applicant.