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KIRAN CHANDUBHAI PATEL
V.
TRANSWORLD SAFARIS LIMITED

(2015) JELR 96966 (CA)

Court of Appeal 29 May 2015 Kenya
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Case Details

Suit Number:Civil Application 45 of 2013
Judges:George Benedict Maina Kariuki, William Ouko, Philomena Mbete Mwilu
Location:Nairobi
Other Citations:Kiran Chandubhai Patel v. Transworld Safaris Limited [2015] eKLR

RULING OF THE COURT

It is now firmly established by the judicial authorities of this Court and those of the Supreme Court that for this Court to grant a certificate to a party to challenge its decision to the Supreme Court under Article 163 (4) (b) of the Constitution, the applicant must demonstrate that the intended appeal involves a matter of general public importance.

The threshold of “general public importance” has been defined variously to embody the following principles:

a clear formulated definition of what in the intended appeal amounts to a matter of general public importance. See Steyn v. Gnecchi – Ruscone [2013] 2 EA 348 and Koinange Investments and Development Ltd v. Robert Nelson Ngethe SC Appl. No. 4 of 2013;

the matter must be one the determination of which transcends the circumstances of the particular case with significant bearing on the public interest;

where the matter involves a point of law, the point must be substantial, so that its determination will have a significa…

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