RULING
The Applicant seeks review of the decision by the Court of Appeal dated 22nd May 2020, which declined to grant certification that its intended appeal involves matters of general public importance.
At the heart of the matter is the interpretation of Sections 3 (3) (b); 4 (1) (a), (b), (c), (i) and (g), of the Foreign Judgments (Reciprocal Enforcement) Act. In brief, the background of this matter is an incident that occurred between the 3rd and 4th of May 2000. The Applicant, a Hotelier, operating the Travellers Beach Hotel, and Mwaluganje Elephant Camp in Kwale County, entered into a contract with the Respondent, a tour operator, based in the United Kingdom to supply to them with “Package holiday tourists” to be accommodated at their Hotels. Unfortunately, on the night between the 3rd and 4th of May 2000, 9 tourists who were at Mwaluganje Elephant Camp Kwale County were attacked by a group of robbers causing them to be injured. Consequently, they filed suit in the United Kingdom, …