OMEGA CHEMICAL INDUSTRIES LTD V. BARCLAYS BANK OF KENYA LTD

RULING

INTRODUCTION

[1] This is an application by Notice of Motion dated 12^th August, 2013 for the review of a decision of the Court of Appeal declining the applicant company’s request for leave to appeal to the Supreme Court.

[2] The application is anchored upon Articles 159 (2)(d) and (e); 163 (3)(b)(1); and 163 (4)(b) and (5) of the Constitution of Kenya, and Rules 10 and 30 (1) of the Supreme Court Rules. The applicant company seeks the setting aside of the Ruling of the Court of Appeal, and grant of leave for a hearing of the substantive appeal before the Supreme Court. The company prays that all costs awarded to the respondent be quashed.

[3] The application was premised on grounds set out in the Notice of Motion, and the supporting affidavit of Chrispus Mukiria Muriuki, one of the directors of the applicant company.

[4] The respondent filed a replying affidavit through its learned advocate, Mr. Alex Ngatia Thangei, contesting the application as misconceived, and wanting as to legal …