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|Case Number:||Civil Suit 123 of 2009|
|Parties:||FLEET WOOD ENTERPRISES LIMITED v JOHN NGATA KARIUKI|
|Date Delivered:||15 Dec 2010|
|Court:||High Court at Malindi|
|Judge(s):||Hellen Amolo Omondi|
|Citation:||FLEET WOOD ENTERPRISES LIMITED v JOHN NGATA KARIUKI  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
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.