JAN BONDE NIELSEN V. NGURUMAN LIMITED , HERMAN PHILLIPUS STEYN & HEDDA STEYN

RULING OF THE COURT

By his application dated 2^nd May, 2014, Jan Bonde Nielsen, (hereinafter “the applicant”), prays that a certificate be issued by this Court under Article 163 (4) (b) of the Constitution that matters of general public importance are involved in his proposed appeal to the Supreme Court against the judgment of this Court (Ouko, Kiage and M’Inoti, JJ.A.), in Civil Appeal No. 77 of 2012 dated 4^th April, 2014. The applicant has also invoked the following provisions of the Law: Section 15 of the Supreme Court Act, 2011 and rule 24 (1) of the Rules made thereunder, Sections 3A and 3B of the Appellate Jurisdiction Act and all the enabling provisions of the Law.

The matters claimed to be of general public importance are:

Whether the said judgment breached the applicant’s rights under Article 50 of the Constitution.

Whether the jurisdiction to grant temporary orders of injunction is limited to Order 40 of the Civil Procedure Rules or whether such orders may be made under the inher…