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BENSON IRUNGU MBARIA & ANOTHER
V.
ENOCK IRUNGU

(2016) JELR 106495 (CA)

Court of Appeal 19 May 2016 Kenya
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Case Details

Suit Number:Civil Application Suplimentary 11 of 2015
Judges:Hannah Magondi Okwengu, George Benedict Maina Kariuki, Jamila Mohammed
Location:Nairobi
Other Citations:Benson Irungu Mbaria & another v. Enock Irungu [2016] eKLR

RULING OF THE COURT

Background

1. On 25th March, 2015, this Court (Mwera, Nambuye and Murgor, JJ.A.), allowed an appeal by the respondent herein, ENOCK IRUNGU, against the applicants herein, BENSON IRUNGU MBARIA and MUCHANGI NDUATI NGINGO the office bearers of a body called Embakasi Welfare Society.

2. Aggrieved by that judgment, the applicants have now moved to this court under Article 163 (4) of the Constitution for certification that their intended appeal to the Supreme Court involves a matter of general public importance. The respondent does not agree and contends that the intended appeal has neither ramification nor consequence to any other party save the parties to the dispute and does not, therefore, meet the required threshold as a matter of general public importance.

3. The genesis of the application is that the respondent filed a Plaint dated 8th September, 1997 against the applicants who are the office bearers of the Embakasi Welfare Society. The respondent averred that by a le…

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