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SHABBIR ALI JUSAB
V.
ANAAR OSMAN GAMRAI & ANOTHER

(2013) JELR 95818 (SC)

Supreme Court 23 Apr 2013 Kenya
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- The 1st and 2nd respondents filed a preliminary objection seeking dismissal of an appeal to the Supreme Court, arguing that the notice and record of appeal were filed out of time, raised issues not canvassed in lower courts, and did not c

Case Details

Suit Number:Civil Application 1 of 2013
Judges:Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Shabbir Ali Jusab v. Anaar Osman Gamrai & another [2013] eKLR

RULING

1. This is a preliminary objection filed by the 1st respondent and supported by the 2nd respondent seeking the dismissal of an appeal filed in this court on the 20th of November 2012 by the applicant/petitioner challenging the decision of the Court of Appeal in this matter.

2. By an application dated 24th January 2012, the appellant filed an application for leave in the Court of Appeal to appeal to the Supreme Court on the basis that the intended appeal raised weighty issues of general public importance relating to the law of international child abduction.

3. By a ruling dated 9th November 2012, the Court of Appeal granted the Certificate to file an appeal to the Supreme Court

4. Following the certification by the Court of Appeal, the appellant filed a Notice of Appeal before the Supreme Court on 20th November 2012 and a Petition of Appeal on the 5th February 2013 under Rules 9, 33 and 42 of the Supreme Court Rules and the inherent powers of the Court, which are the subject matter …

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