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MNK ALIAS MNP
V.
POM

(2021) JELR 113563 (SC)

Supreme Court 16 Jul 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. 5 OF 2020
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

I. Introduction

(1)Before the Court is an application dated 4th March, 2020 and filed on 6th March 2020. It is brought under Articles 159(2)(d) and 259 of the Constitution; Sections 15 and 16 of the Supreme Court Act; and Rule 24 of the Supreme Court Rules 2012 (now Rule 33 Supreme Court Rules 2020). The application springs from a suit concerning long cohabitation, presumption of marriage and dealing with property acquired during such cohabitation under Section 17 of the Married Women’s Property Act (1882), (MWPA). The Applicant seeks review of the Court of Appeal decision denying certification of the matter as one of general public importance (GPI). Leave is also sought to appeal to the Supreme Court. The application is supported by the affidavit of the Applicant and it seeks the following orders:

(i). That this Honourable Court be pleased to review the Court of Appeal decision dated 21st February, 2020 in CACA SUP No. 4 of 2019 at Nairobi and grant the applicant leave to appeal …

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