HASSAN ZUBEIDI V. ACTIVE PARTNERS GROUP LIMITED, MOHAMED ABDULRAHMAN MOHAMED FAG, DUBAI BANK KENYA LIMITED, MUNGU & COMPANY ADVOCATES & CHIEF MAGISTRATES COURT MILLIMANI

RULING OF THE COURT

A. INTRODUCTION

[1] Before the Court is a Petition of Appeal dated 15th November 2019, and filed on 18th November 2019, under Articles 163(4)(a) of the Constitution of Kenya, Section 15(2) of the Supreme Court Act and Rules 9 and 33 of the Supreme Court Rules 2012; against the Court of Appeal’s decision (Koome, Sichale and J.Mohammed, JJ.A) in Civil Appeals Nos. 395 and 414 of 2018 (consolidated) delivered at Nairobi on the 8th November 2019. The Appellate Court upheld the High Court’s Ruling (Tuiyott J) in Civil Suit No 475 of 2016 delivered on 1st November 2017, setting aside a default Judgment but overturned a further Ruling delivered by the same Court on 29th May 2018, in effect finding that the trial Court lacked jurisdiction to entertain the suit before it.

B. THE PRELIMINARY OBJECTION

[2] The 1st, 2nd and 4th Respondents have filed a Preliminary Objection dated 3rd February 2020, challenging this Court’s jurisdiction on grounds that the appeal before the Court d…