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Dhanjal Investment Limited v. Cosmos Holiday PLC

(2020) JELR 102734 (CA)

Court of Appeal  •  Sup Civil Application 15 of 2018  •  22 May 2020  •  Kenya

Wanjiru Karanja, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor



1. By way of a Notice of Motion dated 23rd May, 2018, the applicant seeks certification and leave to appeal to the Supreme Court against the decision of this Court in Civil Appeal No. 317 of 2013. The impugned decision dismissed the applicant’s appeal against the ruling of the High Court (Njagi, J.).

2. In upholding the High Court’s finding the Court of Appeal observed that there was no finality in the decision made on the petition with respect to the issue of registration of the foreign judgment and could not in the circumstances therefore make the finding that the decision was res judicata. According to this Court, the foreign judgment remained alive despite the decision of the High Court in the petition.

3. Aggrieved by the judgment of this Court, the applicant wishes to proceed on appeal to the Supreme Court under Article 163 (4) (b) of the Constitution which reads;

“(4) Appeals shall lie from the Court of Appeal to the Supreme Court –

a. as of right in any case inv…

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