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Karagita Self Help Mixed Group v. Thika River Estate Ltd

(2017) JELR 100244 (CA)

Court of Appeal  •  Civil Application 286 of 2016 (UR 234/2016)  •  29 Sep 2017  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

1. The applicant lodged an application in this Court on 30th December, 2016 by way of a Notice of Motion dated 29th December 2016 seeking orders:

“Leave be granted to the applicant to file an appeal to the Supreme Court against part of the judgment delivered on 16th December 2016 on 11 issues of general public importance and in the interests of justice to the appellant and its members....”

2. The application is premised upon several grounds on the face of the application and the supporting affidavit of the applicant?s Chairman, Peter Mburu Ngugi.

3. In summary, the ground on which the application is brought is that the Court of Appeal wrongly premised and misapplied various provisions of law when it upheld the ruling of the High Court (Nambuye, J.) (as she then was) which set aside ex parte judgment of the same court entered by Ang?awa, J. on 7th June, 2000.

4. A brief background of the case that gave rise to the appeal is that in 1993, the respondent sold to the appell…

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