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DHANJAL INVESTMENTS LIMITED
V.
SHABAHA INVESTMENTS LIMITED

(2022) JELR 113348 (SC)

Supreme Court 8 Jul 2022 Kenya
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Case Details

Suit Number:PETITION 3 (E004) OF 2022
Judges:MK IBRAHIM, SCJ SC WANJALA, SCJ N NDUNGU, SCJ I LENAOLA, SCJ W OUKO, SCJ

JUDGMENT

  1. UPON perusing the Respondent’s Notice of Preliminary Objection dated 23rd March, 2022 and lodged on 24th March, 2022 challenging this Court’s jurisdiction to entertain the petition on the grounds that:

    i. The appeal is in violation of the Supreme Court’s mandate;

    ii. The appeal does not raise any issues relating to the interpretation or application of the Constitution;

    iii. That the appeal does not involve any matter of general public importance; and

    iv. The appeal has been brought without certification as required by law; and

  2. UPON considering the respondent’s submissions dated 5th May, 2022 and filed on 9th May, 2022 in furtherance of these grounds, to the effect that the appeal herein does not involve constitutional interpretation or application; that the pleadings filed in both superior courts below only show that the central issue for determination was whether or not interest on balance of purchase price of the suit property was payable to the respondent; that at no point in th…

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