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Muiri Coffee Estate v. Kenya Commercial Bank Ltd & Bidii Kenya Limited

(2014) JELR 98859 (CA)

Court of Appeal  •  Sup. 20 of 2013  •  7 Nov 2014  •  Kenya

Coram
Jamila Mohammed, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

By its Notice of Motion dated 3rd October 2013, MUIRI COFFEE ESTATE LTD (the Applicant) prays that this Court do grant it certification to enable it to appeal to the Supreme Court against the judgment of this Court (J. W. Onyango Otieno, W.Karanja and D.K.Maraga JJA) rendered on 26th April 2013. The application is expressed as brought under Article 163 (4) of the Constitution of Kenya 2010, Section 15 and 16 of the Supreme Court Rules and Rule 1(2) of the Court of Appeal Rules.

The Motion, drawn by M/s Wachakana and Co. Advocates, is most inelegantly crafted. In the orders it seeks, it mixes prayers with grounds and what appear to be submissions. Some of the ‘orders’ sought are no more than general statements of grievance that cannot possibly be granted as orders by this Court. We say, for the umpteenth time, that counsel need to pay closer attention to the pleadings they file in court. Be that as it may, order Number 1 is enough to engage us and should have sufficed…

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