Mombasa Bricks & Tiles Ltd & 5 others v Shah & 7 others (Application 3 (E008) of 2022) [2022] KESC 72 (KLR) (4 November 2022) (Ruling)
- Court
- Supreme Court of Kenya
- Case number
- 72
- Citation
- [2022] KESC 72 (KLR)
- Decided
- 4 November 2022
AI Summary
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TypeApplication for review of the Ruling of the Supreme CourtPostureApplication for review of the Ruling of the Supreme CourtCoramP.M. MWILU, S.C. WANJALA, NJOKI NDUNGU, I. LENAOLA, W. OUKO
Holding
The Supreme Court cannot consider the merits of the issues sought to be certified at the point of certification.
Facts
The applicants sought the review of a ruling of the court declining to certify a matter. The court held that at the point of certification, the court could not consider the merits of the issues sought to be certified.
Issues
- Whether the Supreme Court could consider the merits of the issues in an application for certification when reviewing the Court of Appeal's decision declining to certify the issues.
- What were the factors to consider when determining an application for review of an application for certification of a matter as of general public importance warranting an appeal to the Supreme Court?
Reasoning
The court held that at the point of certification, the court could not consider the merits of the issues sought to be certified. The court also mentioned the factors to consider in determining an application for review of an application for certification of a matter as of general public importance.
Outcome
The application for review of the Ruling of the Supreme Court was dismissed.
Orders
- The notice of motion dated July 22, 2022 led by the 1st to 4th applicants be and is hereby disallowed.
- The notice of motion dated July 22, 2022 led by the 5th and 6th applicants be and is hereby disallowed.
- The costs of this application to abide the outcome of the appeal.
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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