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SAMMY MWANGANGI & 10 ORS.
V.
COMMISSIONER OF LANDS & 3 ORS.

(2021) JELR 113675 (SC)

Supreme Court 17 Mar 2021 Kenya
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Case Details

Suit Number:APPLICATION NO. 28 OF 2020
Judges:PHILOMENA MWILU, Ag. CJ & Ag. PRESIDENT MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. Introduction

  1. Before the Court is a Motion dated 22nd July 2020 and lodged on 16th October 2020. It is brought pursuant to Articles 163 (4) (b) and 163 (5) of the Constitution, Sections 15 (1) and 16 (1) of the Supreme Court Act, 2011, Rule 24 of the Supreme Court Rules, 2012 (now repealed) and all other enabling provisions of Law.

    B. The Application

  2. The application seeks to review the Ruling of the Court of Appeal (Ouko, Warsame & Sichale, JJ.A) in Civil Application No. 9 of 2018, delivered on 10th July 2020, denying certification and leave to appeal to this Court against the Court of Appeal Judgment (Visram, Karanja & Koome JJ.A) in Civil Appeal No. 30 of 2013 delivered on 9th February, 2018. It also seeks to stay execution of the impugned Judgment pending the hearing and determination of the application and the intended appeal.

  3. In the impugned decision, the Appellate Court affirmed the trial court’s (Okwengu, J) decision by which the latter had dismissed the applica…

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