[2018] KESC 30 (KLR)
The Supreme Court found that the issues raised in the application had already been addressed in Civil Application No. 10 of 2018, involving the same parties and dispute. The Court held that there was no basis to render a separate decision in the present application. Consequently, for the reasons given in Application...
Source-derived case information.
- Citation
- [2018] KESC 30 (KLR)
- Parties
- Applicant: Lennah Wanjiku Koinange; Respondent: Margaret Njeri Mbiyu; Respondent: Eddah Wanjiru Mbiyu; Respondent: George Kihara Mbiyu; Respondent: Paul Mbatia Koinange; Respondent: Stella Kibara; Respondent: Steven Mungai Kibara; Respondent: Estate Of Elizabeth Waruingi Koinange; Respondent: Barbara Wambui Koinange; Respondent: Joyce Njeri w/o Isaac Njunu Mbiyu; Respondent: David Waiganjo Koinange; Respondent: Kihara Koinange; Respondent: David Njunu Mbiyu Koinange; Respondent: Impulse Developers Limited; Respondent: Tangulizi Ventures Limited; Respondent: Sylvia Maryanne Wambui Mbiyu
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Civil Application 9 of 2018
- Procedural Posture
- Civil Application / Ruling on Application for Review of Certification as Matter of General Public Importance
- Outcome
- application dismissed
- Judges
- DK Maraga, PM Mwilu, MK Ibrahim, SC Wanjala, I Lenaola
- Legal Topics
- Certification of Appeal, Review of Court of Appeal Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lennah Wanjiku Koinange
Applicant
Margaret Njeri Mbiyu
Respondent
Eddah Wanjiru Mbiyu
Respondent
George Kihara Mbiyu
Respondent
Paul Mbatia Koinange
Respondent
Stella Kibara
Respondent
Steven Mungai Kibara
Respondent
Estate Of Elizabeth Waruingi Koinange
Respondent
Barbara Wambui Koinange
Respondent
Joyce Njeri w/o Isaac Njunu Mbiyu
Respondent
David Waiganjo Koinange
Respondent
Kihara Koinange
Respondent
David Njunu Mbiyu Koinange
Respondent
Impulse Developers Limited
Respondent
Tangulizi Ventures Limited
Respondent
Sylvia Maryanne Wambui Mbiyu
Respondent
Procedural Posture
Civil Application / Ruling on Application for Review of Certification as Matter of General Public Importance
Legal Issues
- 1 Whether the dispute should be certified as one of general public importance warranting a further appeal to the Supreme Court.
- 2 Whether the Supreme Court should review the Court of Appeal's refusal to certify the matter.
Ratio Decidendi
The Supreme Court found that the issues raised in the application had already been addressed in Civil Application No. 10 of 2018, involving the same parties and dispute. The Court held that there was no basis to render a separate decision in the present application. Consequently, for the reasons given in Application No. 10 of 2018, the present application was dismissed. The Court reiterated that the applicant had not demonstrated that the matter met the threshold of general public importance to warrant certification for appeal to the Supreme Court.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
46 paragraphs
Lennah Wanjiku Koinange v Margaret Njeri Mbiyu, Eddah Wanjiru Mbiyu, George Kihara Mbiyu, Paul Mbatia Koinange, Stella Kibara, Steven Mungai Kibara, Estate of Elizabeth Waruingi Koinange, Barbara Wambui Koinange, Joyce Njeri w/o Isaac Njunu Mbiyu, David Waiganjo Koinange, Susan Kamau Kihara w/o Solomon Kihara Koinange, David Njunu Mbiyu Koinange, Impulse Developers Limited, Tangulizi Ventures Limited & Sylvia Maryanne Wambui Mbiyu (Civil Application 9 of 2018) [2018] KESC 30 (KLR) (28 September 2018) (Ruling)
Lennah Wanjiku Koinange v Margaret Njeri Mbiyu & 14 others [2018] eKLR
Neutral citation: [2018] KESC 30 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Civil Application 9 of 2018
DK Maraga, CJ & P, PM Mwilu, DCJ & V-P, MK Ibrahim, SC Wanjala & I Lenaola, SCJJ
September 28, 2018
Between
Lennah Wanjiku Koinange
Applicant
and
Margaret Njeri Mbiyu
1st Respondent
Eddah Wanjiru Mbiyu
2nd Respondent
George Kihara Mbiyu
3rd Respondent
Paul Mbatia Koinange
4th Respondent
Stella Kibara
5th Respondent
Steven Mungai Kibara
6th Respondent
Estate Of Elizabeth Waruingi Koinange
7th Respondent
Barbara Wambui Koinange
8th Respondent
Joyce Njeri W/O Isaac Njunu Mbiyu
9th Respondent
David Waiganjo Koinange
10th Respondent
Kihara Koinange
11th Respondent
David Njunu Mbiyu Koinange
12th Respondent
Impulse Developers Limited
13th Respondent
Tangulizi Ventures Limited
14th Respondent
Sylvia Maryanne Wambui Mbiyu
15th Respondent
Ruling
1. The Originating Motion dated 9th May 2018 is premised on Articles 163(4) (b) and 163(a) of the Constituton, Section 15(1) of the Supreme Court Act and Rule 23 of the Supreme Court Rules. It seeks a review of the decision of the Court of Appeal given on 27th April 2018 dismissing the Applicant’s application that the dispute between the parties herein should be certified as one of general public importance warranting a further appeal to this court. We have addressed that issue in Civil Application No. 10 of 2018. Since the parties are the same in both applications, the orders sought are similar and the dispute is the same, we deem it fit not to render ourselves separately in the two Applications.
2. For reasons given in Application No. 10 of 2018 therefore, this Application is hereby dismissed and each party shall bear its own costs.
DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF SEPTEMBER, 2018. ........................D.K. MARAGACHIEF JUSTICE/PRESIDENT OF THE SUPREME COURT........................P.M. MWILUDEPUTY CHIEF JUSTICE/VICE PRESIDENT OF THE SUPREME COURT........................M.K. IBRAHIMJUSTICE OF THE SUPREME COURT........................S. WANJALAJUSTICE OF THE SUPREME COURT........................I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalRegistrarSUPREME COURT OF KENYA