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Isack M'Inanga Kiebia v. Isaya Theuri M'Lintari & Isack Ntongai M'Lintari

(2015) JELR 105457 (SC)

Supreme Court  •  Application 46 of 2014  •  16 Jul 2015  •  Kenya

Coram
Philip Kiptoo Tunoi, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Tunoi, Ibrahim, Ojwang, Wanjala and Njoki, SCJJ)

APPLICATION NO. 46 OF 2014

-BETWEEN-

ISACK M’INANGA KIEBIA................................................APPLICANT

-AND-

ISAYA THEURI M’LINTARI

ISACK NTONGAI M’LINTARI .................................RESPONDENTS

(Being an application for review of the refusal of certification by the Court of Appeal (Visram, Koome and Otieno Odek, JJA) by the Ruling of 19th November, 2014 in Nyeri Court of Appeal Civil Application No. SUP.5 of 2014)

RULING

INTRODUCTION AND BACKGROUND

[1] The instant application seeks leave to lodge an appeal before this Court, pursuant to Article 163(4)(b) of the Constitution. The applicant seeks that we certify the intended appeal as one raising matters of general public importance. The application comes by way of Notice of Motion dated 2nd December, 2014, supported by an affidavit of even date sworn by the applicant. It seeks a review (pursuant to Article 163(5))…

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