Glencore Energy (U.K.) Limited v Kenya Pipeline Company Limited [2016] KECA 458 (KLR)
- Court
- Court of Appeal
- Case number
- 458
- Citation
- [2016] KECA 458 (KLR)
The Court is satisfied that the decision of the appellate court was substantially based on the peculiar facts of the case as determined by the appellate court.
Facts
The applicant, Glencore Energy (U.K.) Limited, sought certification for an appeal involving a dispute over a Transportation and Storage Agreement (TSA) and a Collateral Financing Agreement (CFA) with the respondent, Kenya Pipeline Company Limited. The applicant alleged that the respondent was a bailee by attornment, while the respondent denied these allegations.
Issues
- Certification of matters of general public importance
- Ownership of petroleum products
- Bailee by attornment
- Assignment of rights
- Illegality of transactions
- Right to fair hearing
Reasoning
The Court considered the principles of incorporation by reference, the doctrine of ownership, bailee by attornment, and assignment. The appellate court's findings of fact were not challenged, and the principles of law raised by the applicant would appeal against the finding of primary facts by the appellate court.
Outcome
The application for certification was dismissed.
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