Southern Shield Holdings Limited & 2 others v Delphis Bank Limited & another [2019] KECA 644 (KLR)

Facts

The applicants seek certification and leave to appeal to the Supreme Court against the judgment of the Court delivered on 2nd February 2010, and a stay of execution of the judgment and decree of the Court pending the hearing and determination of the instant application.

Issues

1. Whether the issues to be raised in the intended appeal involve a matter of general public importance.
2. Whether the intended appeal raises points of law that rise above the decisions of the High Court and this Court.
3. Whether the application for certification has been occasioned by a state of uncertainty in law arising from contradictory judgments of this Court.
4. Whether the intended appeal is based on mere apprehension of miscarriage of justice or contains pre-requisites of a case involving a matter of general public importance.

Reasoning

The Court will consider the Notice of Motion, the grounds in support thereof as stated on its face and in the supporting affidavit, and the replying affidavit and the authorities cited by the parties.

Outcome

The Court will determine if the applicants have demonstrated that the issues to be raised in the intended appeal involve a matter of general public importance.

Authorities cited