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(2019) JELR 94212 (CA)

Court of Appeal  •  Civil Application Nai 389 of 2018 (Ur 316/2018)  •  25 Jan 2019  •  Kenya

Roselyn Naliaka Nambuye



On the 12th day of October, 2018, the applicant’s appeal to the Court of Appeal against the ruling and decree of the High Court of Kenya at Nairobi (Mabeya, J.) dated 28th September, 2012 was dismissed by Makhandia, Kiage, JJA. The applicant was aggrieved by that decision and filed a notice of appeal dated 22nd October, 2018 intending to appeal to the Supreme Court against the whole of that decision. It was pursuant to the mentioned notice of appeal that the applicant filed the notice of motion dated the 24th day of December, 2018 and filed on the 28th December, 2018 under a certificate of urgency.

The file was then placed before a single Judge (Nambuye, JA) for certification of the application as urgent which request was declined. The applicant being aggrieved has invoked Rule 47(5) of the Court of Appeal rules 2010, vide the letter of its advocate on record dated 9th January, 2019 to have the issue of the certificate of urgency canvased inter partes. Directions were accordingly…

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