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FLORENCE NYABOKE MACHANI
V.
MOGERE AMOSI OMBUI & 2 ORS

(2015) JELR 97428 (SC)

Supreme Court 3 Dec 2015 Kenya
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- The applicant sought leave to appeal to the Supreme Court of Kenya and for certification that the matter involved issues of general public importance, following adverse judgments in both the High Court (HCCC No. 139 of 2009) and the Court

Case Details

Suit Number:Application 2 of 2015
Judges:Philip Kiptoo Tunoi Kalpana Hasmukhrai Rawal Jackton Boma Ojwang Mohammed Khadhar Ibrahim Susanna Njoki Ndungu
Other Citations:Florence Nyaboke Machani v. Mogere Amosi Ombui & 2 others [2015] eKLR

RULING

INTRODUCTION

[1] The applicant filed her application dated 6th March, 2015 before this Court on 9th of March, 2015 seeking the following Orders:

(i) that leave be granted to the applicant to appeal further to the Supreme Court of Kenya, against the Judgement and Order of the Court of Appeal delivered on 19th September, 2014 in Civil Appeal No. 184 of 2011 between the parties herein;

(ii) that a certificate be issued certifying that the intended appeal involves matters of general public importance;

(iii) that the cost of, and incidental to this application abide the result of the intended appeal.

[2] The application is premised on the following grounds:

(a) the intended appeal involves matters of general importance, as it touches on the subject of land rights, and will not only affect the parties to the appeal but will also affect a large number of original land-owners, by depriving them, and causing socio-economic hardship;

(b) substantial miscarriage of justice will occur, unless the …

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