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TRATTORIA LIMITED
V.
JOANINAH WANJIKU MAINA & 3 ORS

(2024) JELR 112632 (SC)

Supreme Court 30 Aug 2024 Kenya
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Case Details

Suit Number:Petition (Application) 26 (E029) of 2022
Judges:MK KOOME, CJ & P MK IBRAHIM, SCJ SC WANJALA, SCJ N NDUNGU, SCJ W OUKO, SCJ
Counsel:Ms. Kethi Kilonzo for the 1st Respondent/Applicant (Kilonzo & Co. Advocates) Mr. Dennis Nkarichia for the Appellant/Respondent (Mohammed Muigai LLP Advocates) Mr. Agwara for the 2nd Respondent (Prof. Albert Mumma & Company Advocates) N/A for the 3rd and 4th Respondents

RULING OF THE COURT

[1] COGNIZANT THAT by a ruling dated 25th November 2022, this Court dismissed the appellant’s appeal since it did not disclose a question touching on the interpretation and application of the Constitution; that contemporaneously, the Court found that it lacked jurisdiction to entertain the application and the appeal; that ultimately, the Court made the following orders:

a. The Notice of Motion dated 9th September 2022 is hereby dismissed.

b. The Petition of Appeal dated 5th September 2022 is hereby struck out for want of jurisdiction.

c. The Applicant shall bear the costs of this application.

[2] FURTHER COGNIZANT THAT the 1st Respondent filed her party and party bill of costs dated 7th August 2023 wherein she claimed Kshs.2,344,292/= against the appellant; that by a ruling dated 15th December 2023, the Deputy Registrar declined to assess the costs of the appeal as the same were not awarded by the Court, and hence taxed the bill of costs at Kshs.17,500-; that dissatisfi…

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