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Omega Chemical Industries Ltd v. Barclays Bank Of Kenya Limited

(2013) JELR 94162 (CA)

Court of Appeal  •  Civil Application 139 of 2012  •  26 Jul 2013  •  Kenya

Coram
Wanjiru Karanja, John Wycliffe Mwera, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

This is an application under Article 163(3)(i) and (4)(b) of the Constitution of Kenya 2010, through which the applicant, Omega Chemical Industries Ltd, seeks a certification that its intended appeal raises a matter of general public importance to enable it file an appeal in the Supreme Court of Kenya .It also prays that costs of and incidental to this application do abide in the said appeal. The applicant charges that the matter under application is of great public interest in that this Court, as a court of last resort declined a review of a glaring mistake on account that it does not possess jurisdiction to sit on appeal on its own judgments.

The genesis of this charge is the Judgment in Civil Appeal No 276 of 2002 which was delivered on 14th December 2007. The applicant, the appellant in that appeal, was awarded the sum of Kshs 509,692.60 with interest at court rates from the date of filing suit until payment in full. The applicant was also awarded half the costs …

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