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Johnson Githaiga Njoroge v. Daniel Githaiga Mwaniki

(2014) JELR 100766 (CA)

Court of Appeal  •  Civil Application Sup 2 of 2014 (Ur 2/2014)  •  30 Jul 2014  •  Kenya

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

Judgement

RULING OF THE COURT

By a Notice of Motion dated 13th June, 2014, the applicant seeks certification and leave to appeal to the Supreme Court against the decision of the Court of Appeal sitting at Nyeri in Civil Appeal No. 3 of 2014. The application is under the provisions of Article 163 (4) of the Constitution and Sections 21 and 26 of the Supreme Court Act and Rule 24 of the Supreme Court Rules. In Lawrence Nduttu and 6000 Others –v – Kenya Breweries Ltd. and Another, Supreme Court Petition No. 3 of 2012 [2012] eKLR, the Supreme Court stated that not all intended appeals lie from the Court of Appeal to the Supreme Court. Only those appeals arising from cases involving the interpretation or application of the Constitution can be entertained by the Supreme Court. The only other instance when an appeal may lie to the Supreme Court is one contemplated under Article 163(4) of the Constitution.

The applicant’s ground for certification as reproduced verbatim here-under is that the intended app…

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