HERMANUS PHILLIPUS STEYN V. GIOVANNI GNECCHI-RUSCONE

R U L I N G

I. HISTORICAL BACKGROUND TO THE APPLICATION

[1] This is an application by Notice of Motion, for review of the decision of the Court of Appeal dismissing the applicant’s Notice of Motion dated 2^nd April, 2012 by which he was seeking leave of that Court to appeal to the Supreme Court, in respect of matters of general public importance. The application is brought on the basis of Articles 159(2)(a);(d) and (e); 163(4)(b); and 259(1) of the Constitution; section 15(1) and 16(1) of the Supreme Court Act No. 7 of 2011); Rule 21(1) of the Supreme Court Rules, 2011; the principle in Sum Model Industries Limited v. Industrial and Commercial Development Corporation, Nairobi Supreme Court Civil Application no.1 of2011; and the inherent powers of the Court. The Applicant prays that this Court do set aside the Court of Appeal’s Ruling, and issue an order allowing the Notice of Motion of 2^nd April 2012.

[2] In the alternative, the applicant prays that a certificate under section 163(4) (b) …