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Samwel Mokua Ayienda v. Tinga Trading Company Limited

(2016) JELR 96760 (CA)

Court of Appeal  •  Civil Application 36 of 2015  •  29 Jul 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. The applicant was the appellant in Civil Appeal No. 160 of 2010 in the Court of Appeal at Kisumu. The said appeal was determined in favour of the respondent on 19th March, 2014.

2 Being dissatisfied with the judgment of the Court of Appeal, the applicant wishes to prefer a second appeal to the Supreme Court of Kenya.

3 On 9th July, 2015, the applicant filed an application under section 163 (4) of the Constitution of Kenya, 2010, seeking certification to enable him lodge the intended appeal.

4 The certification was sought on the grounds that the matter raises issues of general public importance and that substantial miscarriage of justice is likely to be occasioned to the applicant and his family unless the leave sought is granted.

5 In his affidavit in support of the application, the applicant set out the brief history of the dispute between him and the respondent. He stated that in the year 2000 he filed a suit, HCCC NO. 98, in the High Court of Kenya at Kisii, which…

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