Dysara Investment Limited & 2 others v Woburn Estate Limited & 5 others (Petition 40 of 2018) [2020] KESC 15 (KLR) (Nairobi) (24 January 2020) (Ruling)
- Court
- Supreme Court of Kenya
- Case number
- 15
- Citation
- [2020] KESC 15 (KLR)
- Decided
- 24 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment and Orders of the Court of AppealCoramAngote, Koome, SCJ
Holding
The court has jurisdiction to entertain the appeal as it involves the interpretation or application of the Constitution.
Facts
The appellants filed an application seeking leave to file a supplementary record of appeal, challenging the Court of Appeal's jurisdiction to hear the appeal. The respondents filed a preliminary objection disputing the court's jurisdiction.
Issues
- Factors to consider in determining the Supreme Court's jurisdiction in determining an appeal involving the interpretation or application of the Constitution.
- Whether the court has jurisdiction to entertain the Application and the appeal.
Reasoning
The court held that the challenge on the court's jurisdiction in the appeal amounts to an issue capable of being addressed as a preliminary point of law. The court must demonstrate that the issues in the appeal involve constitutional interpretation and application.
Outcome
The court dismissed the preliminary objection and allowed the appeal.
Orders
- Allowed the appeal.
- Dismissed the preliminary objection.
Authorities cited
Legislation (2)
- Article 163(4)(a) of the Constitution.
- Article 163(4)(b) of the Constitution.
Cases cited (1)
- Lawrence Nduttu & 6000 Others vs. Kenya Breweries Limited & Anor – SC Petition No. 3 of 2012.
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.
Loading judgment…