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Silas Muthuri Mugambi v. Pan Africa Life Assurance Ltd

(2015) JELR 94959 (CA)

Court of Appeal  •  Civil Application 15 of 2014  •  13 Feb 2015  •  Kenya

Coram
John Wycliffe Mwera, Jamila Mohammed, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

This Notice of Motion dated 11th July 2014 is made under Article 163(4) (b) of the Constitution following a decision of this Court (Karanja, Warsame, Musinga, JJA), in Civil Appeal No Nai 143 of 2014 delivered on 13th June 2014 which upheld Githinji, JA sitting as a single judge in an application to extend time to appeal under rule 4 of the Court of Appeal Rules and, where the applicant seeks for certification to appeal against the decision of the full Court to the Supreme Court.

Briefly, by way of a Plaint the applicant claimed special damages of an amount of Kshs.5,609,356 from the respondent for unpaid commissions for unlawful termination of his contracts. The applicant had on 7th November 1990 entered into a contract with the respondent for the sale of insurance packages to members of the public. A second contract was entered into on 22nd January 1999 which was terminated by the respondent on 3rd July 2000, when the applicant failed to reach the stipulated sales…

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