Boit & another v Kibias (Civil Application E017 of 2023) [2024] KECA 63 (KLR) (2 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 63
- Citation
- [2024] KECA 63 (KLR)
- Decided
- 2 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to appealCoramF. Sichale, L. Achode, W. Korir
Holding
The Court of Appeal declines to certify the intended appeal as a matter of general public importance and dismisses the application with costs.
Facts
The 1st and 2nd applicants, Thomas Kimutai Boit and Josiah Kimebur Kibias, sought leave to appeal against the dismissal of their appeal in Eldoret Civil Appeal No. 112 of 2018. The Court of Appeal dismissed their application, finding that the intended appeal was not of general public importance.
Issues
- Residual jurisdiction of the Court of Appeal
- Misinterpretation of the law regarding residual jurisdiction
Reasoning
The Court finds that the intended appeal is not of general public importance and dismisses the application.
Outcome
Application dismissed
Orders
- Application for leave to appeal dismissed
- Costs awarded to the respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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