RULING OF THE COURT
On 26th July, 2013, this Court (Nambuye, Warsame and Kiage, JJ.A.), allowed the respondents appeal against the judgment of the High Court, Ra w a l , J (as she then was), which had ordered that the interests of the applicant and the respondent in LR NO. [particulars withheld] situated in Karen [the Karen property], be severed and both parties be declared as tenants in common in equal shares.
The Court of Appeal set aside the judgment and decree of the High Court and ordered that the Karen property be surveyed and re-subdivided with the result that the respondent would have 70% of the property on which the main house stands and the applicant would have 30% on which the guest house stands.
Aggrieved by that decision, the applicant wishes to appeal to the Supreme Court.
By a notice of motion dated 29th January, 2014, the applicant seeks that:
“... in the interests of fairness and justice that this Honourable Court do certify that this matter is of general public importance…