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DAVID MUTHEE KIBUTIRI
V.
THOMAS KIBUTIRI NJORO & 3 ORS.

(2024) JELR 112614 (SC)

Supreme Court 22 Nov 2024 Kenya
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Case Details

Suit Number:Application No. E017 of 2024
Judges:M. K. KOOME, CJ & P M. K. IBRAHIM, SCJ S. C. WANJALA, SCJ NJOKI NDUNGU, SCJ I. LENAOLA, SCJ
Counsel:Mr. Karanja Munyori for the Applicant (Kamau Kuria & Co. Advocates), No appearance for the Respondents.

RULING OF THE COURT

[1] UPON PERUSING the Originating Motion by the applicant dated 9th May 2024 and filed on 13th May 2024 pursuant to Article 163(4)(b) of the Constitution, Section 15 of the Supreme Court Act, Cap 9B, and Rules 33 of the Supreme Court Rules, 2020 seeking: review of the Ruling of Court of Appeal (Musinga, Kantai & Gachoka, J.J A) dated 26th April 2024 denying certification of the intended appeal as one involving matters of general public importance; and certification of the intended appeal (against the judgment of the Court of Appeal (Ouko (P) (as he then was), Okwengu & Makhandia, JJ. A) delivered on 25th September 2020 in Civil Appeal No. 156 of 2019, David Muthee Kibutiri (suing as the legal representative of the estate of Loise Wanja Kibutiri) vs. Thomas Kibutiri Njoro & Others as consolidated with Civil Appeal No. 192 of 2019, David Kibutiri Njau (suing as the legal representative of the estate of Loise Wanja Kibutiri) vs. David Muthee Kibutiri & Others; and

[2] U…

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