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THIKA COFFEE MILLS
V.
RWAMA FARMERS COOPERATIVE SOCIETY

(2019) JELR 94212 (CA)

Court of Appeal 25 Jan 2019 Kenya
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- The Court of Appeal set aside its earlier refusal and certified the applicant's motion as urgent, allowing pursuit of Supreme Court certification per strict procedural timelines. - Key principle: Certification of urgency may be granted wh

Case Details

Suit Number:Civil Application Nai 389 of 2018 (Ur 316/2018)
Judges:Roselyn Naliaka Nambuye
Location:Nairobi
Other Citations:Thika Coffee Mills v. Rwama Farmers Cooperative Society [2018] eKLR

RULING

On the 12th day of October, 2018, the applicant’s appeal to the Court of Appeal against the ruling and decree of the High Court of Kenya at Nairobi (Mabeya, J.) dated 28th September, 2012 was dismissed by Makhandia, Kiage, JJA. The applicant was aggrieved by that decision and filed a notice of appeal dated 22nd October, 2018 intending to appeal to the Supreme Court against the whole of that decision. It was pursuant to the mentioned notice of appeal that the applicant filed the notice of motion dated the 24th day of December, 2018 and filed on the 28th December, 2018 under a certificate of urgency.

The file was then placed before a single Judge (Nambuye, JA) for certification of the application as urgent which request was declined. The applicant being aggrieved has invoked Rule 47(5) of the Court of Appeal rules 2010, vide the letter of its advocate on record dated 9th January, 2019 to have the issue of the certificate of urgency canvased inter partes. Directions were accordingly…

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