judy.legal
Login Register

ERAD SUPPLIERS & GENERAL CONTRACTORS LIMITED V. NATIONAL CEREALS & PRODUCE BOARD

(2012) JELR 97177 (SC)

Supreme Court  •  Petition 5 of 2012  •  12 Sep 2012  •  Kenya

Coram
Jackton Boma Ojwang, Susanna Njoki Ndungu

Judgement

RULING

1. PRELIMINARY QUESTIONS BEARING ON PETITION OF APPEAL

[1] This Ruling will address only preliminary matters raised by counsel at this stage, and not the substantive appeal filed by the appellant. We note, however, that in the pending petition of appeal, the appellant is contesting the Court of Appeal’s Ruling on the ground that the Ruling arises from proceedings that are in violation of Article 160(1) of the Constitution. This foundation to the petition is being contested at the very threshold, by way of preliminary objections. And this is the issue to be cleared by the Supreme Court at this stage.

[2] Some of the matters raised in submissions do touch on the substantive appeal. For instance, one or more of the parties have raised the following questions:

(i) Is this a genuine appeal against a Ruling of the Court of Appeal, or rather, a ploy for initiating an entirely different cause of action?

(ii) Does a question arise from the conduct of the Court of Appeal, touching on the inde…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login