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Charles Nderitu Gitoi (Suing On His Behalf And As Legal Representative Of Charity Nyaguthii Gitoi (Deceased) v. Christopher Muchomba Warui, Peter Nderitu Julius (Legal Representative Of Nderitu Julius (Deceased) & Attorney General

(2014) JELR 103264 (CA)

Court of Appeal  •  Civil Application Sup 9 of 2013 (UR 3/2013  •  9 May 2014  •  Kenya

Coram
John Wycliffe Mwera, William Ouko, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

By an application dated 25th April 2013 expressed to be under sections 15 and 16 of the Supreme Court Act, 2011 and Rule 24 of the Supreme Court Rules, 2012 the applicant, Charles Nderitu Gitoi, seeks an order, among other orders, that this Court “be pleased to certify that this matter ... is a matter of general public importance in respect of which the applicant ... may apply to the Supreme Court for review...”

The application is based on the grounds that the subject matter of Civil Appeal No. 166 of 2009 from which he intends to appeal is a matter of general public importance; that in its judgment, this Court erred in its findings and the decision of the Court “will be an eyesore in analyzing and applying available evidence in legal matters”; that the judgment offends provisions of the Civil Procedure Rules and may have the effect of members of the public regarding titles to property “to be of no legal value” and that the judgment violates the applicant’s rights to…

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