Login Register

Niels Bruel v. Moses Wachira, Helmuth Rame & Airtraffic Limited

(2018) JELR 95020 (CA)

Court of Appeal  •  Civil Appeal (Application) 188 of 2012 (R 1/2016)  •  12 Oct 2018  •  Kenya

William Ouko, Kathurima M'inoti, Stephen Gatembu Kairu



By his motion on notice dated 7th March 2016, the applicant, Niels Bruel, craves two alternative orders, namely review of the judgment of this Court dated 5th February 2016, or a certificate that a matter of general public interest is involved in his intended appeal, so as to gain a foothold to the Supreme Court on appeal. The prayer for review is based, on the main, on the claim that the Court failed to evaluate evidence as it was duty bound to do, while that for certification is grounded on the assertion, among others, that failure of justice erodes public confidence in the administration of justice and is therefore a matter of general public importance within the meaning of Article 163(4) (b) of the Constitution. The 1st respondent, Moses Wachira, does not think that there is any merit in either of the prayers, contending that there is neither basis for review of the judgment, nor any issue of general public importance implicated in the judgment to trigger the ju…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login