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Isack M'inanga Kiebia v. Isaya Theuri M'lintari &

(2014) JELR 103896 (CA)

Court of Appeal  •  Civil Application Sup 5 of 2014 (Ur 4/2014)  •  19 Nov 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

RULING OF THE COURT

Once again before us is an application for leave to appeal to the Supreme Court. The application is brought pursuant to Articles 159(2) (d), 163(3) (b) (1), 163(4) (b) and (5) of the Constitution. The applicant seeks inter alia:-

  • A certificate do issue that a matter or matters of general public importance are involved in the applicant’s intended appeal to the Supreme Court against the judgment of the Court of Appeal delivered on 1st October, 2014 in Civil Appeal No. 24 of 2010.
  • The applicant be granted leave to appeal to the Supreme Court against the judgment and orders of the Court of Appeal delivered on 1st October, 2014 in Civil Appeal No. 24 of 2010.
  • The Honourable Court be pleased to issue an injunction barring the respondents from interfering with the applicant’s quiet possession of the suit property pending the intended appeal to the Supreme Court.

The respondents filed a suit in the High Court against their paternal uncles, the applicant and George Mbiti Kieb…

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