MUKURU MUNGE V. FLORENCE SHINGI MWAWANA, GILLIED MWANYASI MWAWANA & JOSEPH MWANGANGA MWAWANA

RULING OF THE COURT

The applicant, Mukuru Munge is before us for the third time on the same matter. The first time, he was before the Court on a second appeal from a judgment of the High Court. That appeal was dismissed by a judgment dated 7^th October 2013. Thereafter he came back for a certificate to appeal to the Supreme Court, claiming that his intended appeal raised matters of general public importance within the meaning of Article 164(3)(b) of the Constitution. That application was similarly dismissed vide a ruling dated 9^th October 2014. Now he is before us seeking review of the judgment of 7^th October 2013 claiming that the Court made erroneous pronouncements on the law. The real question before us now is whether there are genuine grounds to justify invocation of an exceptional jurisdiction of the Court or whether the application is a poorly disguised invitation to the Court to sit in appeal on its own judgment.

By way of background and context, this dispute revolves around an ag…