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DANIEL MAINGI MUCHIRI
V.
JUBILEE INSURANCE CO. LTD

(2017) JELR 102912 (CA)

Court of Appeal 15 Dec 2017 Kenya
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Case Details

Suit Number:Civil Appeal 174 of 2014
Judges:Philip Nyamu Waki, William Ouko, Kathurima M'inoti
Location:Nairobi
Other Citations:Daniel Maingi Muchiri v. Jubilee Insurance Co. Ltd [2017] eKLR

JUDGMENT OF THE COURT

1. In what we have characterized elsewhere as appeals filed in 'relay fashion', this is the first leg challenging the order made by Onyancha, J. on 6th June, 2014. The other appeals are 175/2014, 136/2016, 137/2016 and 138/2016, challenging orders made on 18th June, 2014, 3rd March, 2015, 12th March, 2015 and 6th November, 2015, respectively. They all arose from the same proceedings in the High Court and were heard on the same day before the same bench, one after the other. Common to all appeals is the introduction of constitutional claims for the first time before the Court of Appeal on the basis that Article 258 of the Constitution permits it. The issue has been analysed fully in CA 138/2014 and reinforced in CA 136/2016 supporting the conclusion that the claims do not lie to this Court. We need not therefore rehash the reasoning here. The grounds of appeal which double up as a constitutional petition in this matter raising the same issue must suffer the same fa…

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