RULING OF THE COURT
By a Notice of Motion dated 8th March, 2018 the applicant seeks certification and leave to appeal to the Supreme Court against the decision of the Court of Appeal sitting at Nairobi in Civil Appeal No.81 of 2017 (Visram, Karanja and Koome, JJ.A). The application is brought pursuant to Article 163 (4) of the Constitution, Rules 40 (b), 42(1) and 43(1) of the Court of Appeal Rules.
The application is premised on the grounds that the intended appeal raises matters of general public importance. The applicant's grounds for certification are:
a) On 2nd February 2017, the High Court delivered a judgment where it awarded the respondent a share of 30% of the matrimonial home and 20% share of the rental units constructed on the premises, even though it had found that the respondent did not contribute towards acquisition and development of the property;
b) The respondent filed an appeal challenging the award, and in turn the applicant filed a cross appeal seeking to reduce the ap…