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Salim Juma Ali & Rashid Ali v. Joyce Ningala Mwamutsi(as Administrator of the estate of David Mwamutsi Muria)

(2019) JELR 94817 (SC)

Supreme Court  •  Civil Application 11 of 2018  •  30 Apr 2019  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

AT NAIROBI

(Coram: Maraga, CJ and P, Ibrahim, Wanjala, Njoki and Lenaola SCJJ)

CIVIL APPLICATION NO. 11 OF 2018

SALIM JUMA ALI..................................................1ST APPLICANT

RASHID ALI............................................................2ND APPLICANT

-VERSUS-

JOYCE NINGALA MWAMUTSI (as Administrator of the estate of

DAVID MWAMUTSI MURIA....................................RESPONDENT

(Being an application for certification to appeal against the decision of the Court of Appeal (Visram, Karanja and Koome, JJA) given on 10th May 2018 in Civil Appeal No. 61 of 2016)

R U L I N G

[1] We have before us an Application for certification under Article 163(4)(b) of the Constitution that the applicant’s intended appeal against the judgement of the Court of Appeal involves a matter or matters of general public importance warranting a further appeal to this Court and a temporary order of stay of execution of the judgement and/or decree of the…

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