[2014] KECA 531 (KLR)
The Court found that this application was identical in all material respects to Application Sup 13 of 2013, including the parties, issues, and submissions. The applicant, despite insisting on a separate hearing, adopted the same submissions as in the earlier application. The Court determined that there was no need...
Source-derived case information.
- Citation
- [2014] KECA 531 (KLR)
- Parties
- Applicant: Edward Kings Onyancha Maina; Respondent: Turkana Drilling Consortium (K) Ltd; Respondent: Lundin Kenya BV; Respondent: Africa Oil Corporation; Respondent: Republic of Kenya; Respondent: PS Ministry of Energy Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 14 of 2013
- Procedural Posture
- Civil Application / Application for Leave to Appeal to the Supreme Court
- Outcome
- application dismissed with costs to the respondents
- Judges
- J Karanja, CM Kariuki, PM Mwilu
- Legal Topics
- Leave to Appeal, Appellate Jurisdiction, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Kings Onyancha Maina
Applicant
Turkana Drilling Consortium (K) Ltd
Respondent
Lundin Kenya BV
Respondent
Africa Oil Corporation
Respondent
Republic of Kenya
Respondent
PS Ministry of Energy Kenya
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal to the Supreme Court
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal to the Supreme Court from the ruling of the Court of Appeal.
- 2 Whether the issues raised in this application are distinct from those in Application Sup 13 of 2013.
Ratio Decidendi
The Court found that this application was identical in all material respects to Application Sup 13 of 2013, including the parties, issues, and submissions. The applicant, despite insisting on a separate hearing, adopted the same submissions as in the earlier application. The Court determined that there was no need to write a separate ruling and applied the reasoning and outcome of Sup 13 of 2013 to this matter. Consequently, the application was found to be devoid of merit and was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs to the respondents
Orders
- The application is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KARANJA, G.B.M. KARIUKI & MWILU, JJ.A.
CIVIL APPLICATION NO. SUP 14 OF 2013 (UR 6/2013)
BETWEEN
EDWARD KINGS ONYANCHA MAINA........................................APPLICANT
AND
TURKANA DRILLING CONSORTIUM (K) LTD..................1ST RESPONDENT
LUNDIN KENYA BV........................................................2ND RESPONDENT
AFRICA OIL CORPORATION.........................................3RD RESPONDENT
REPUBLIC OF KENYA…………………….….………………4TH RESPONDENT
PS MINISTRY OF ENERGY KENYA................................5TH RESPONDENT
(An application for leave of Court of Appeal to Supreme Court from the ruling of the Court of Appeal (Nambuye, Warsame & Ole Kantai, JJ.A) sitting at Nairobi on 8th March, 2013
in
C.A. CIVIL APPL. NO. NAI 21 OF 2011)
****************
RULING OF THE COURT
This application arises from the same ruling as Application Sup No. 13 of 2013. The parties are the same; the issues are the same and the submissions were the same. The applicant insisted that the same be heard separately but he adopted the submissions he had made in Application number Sup 13 of 2013.
For this reason, we find no need to write two different rulings. The ruling in Sup 13 of 2013 will therefore, apply mutatis mutandis to this application; with the end result that this application is similarly found devoid of merit and dismissed with costs to the respondents.
Dated and delivered at Eldoret this 11th day of April, 2014.
W. KARANJA
............................
JUDGE OF APPEAL
G. B. M. KARIUKI
............................
JUDGE OF APPEAL
P. M. MWILU
...........................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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