Case ID:163227

Langata Development Co Ltd v Dames & another (Application 24 of 2019) [2020] KESC 31 (KLR) (4 September 2020) (Ruling)

Case Metadata

Case Number:

Application 24 of 2019

Parties:

Langata Development Co Ltd v Dames & another

Date Delivered:

04 Sep 2020

Case Class:

Civil

Court:

Supreme Court of Kenya

Case Action:

Ruling

Judge(s):

Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu

Citation:

Langata Development Co Ltd v Dames & another (Application 24 of 2019) [2020] KESC 31 (KLR) (4 September 2020) (Ruling)

Case History:

An Application for Review of the Ruling on Certification of Leave to Appeal Judgement & Order of Court of Appeal at Nairobi in Civil Appeal No 283 of 2016 (Ouko (P), Kiage and Murgor JJA

County:

Nairobi

History Docket No:

Civil Appeal 283 of 2016

History Judges:

Agnes Kalekye Murgor, Patrick Omwenga Kiage

History County:

Nairobi

Case Outcome:

Notice of Motion disallowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Langata Development Co Ltd v Dames & another (Application 24 of 2019) [2020] KESC 31 (KLR) (4 September 2020) (Ruling)

Langata Development Co Ltd v Margaret Esther Dames & another [2020] eKLR

Neutral citation:

[2020] KESC 31 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Application 24 of 2019

PM Mwilu, DCJ & V-P, MK Ibrahim, SC Wanjala, NS Ndungu & I Lenaola, SCJJ

September 4, 2020

Between

Langata Development Co Ltd

Applicant

and

Margaret Esther Dames

1

st

Respondent

John Andrews Dames o/b Mary Wairimu Dames

2

nd

Respondent

(An Application for Review of the Ruling on Certification of Leave to Appeal Judgement & Order of Court of Appeal at Nairobi in Civil Appeal No 283 of 2016 (Ouko (P), Kiage and Murgor JJA

Civil Appeal 283 of 2016

)

Ruling

1.

Upon perusing the Notice of Motion dated 31st July 2019 by Langáta Development Company Limited pursuant to articles 163(4)(b), 159, and 40 of the

Constitution of Kenya

, 2010. Section 15 of the

Supreme Court Act

, 2011, regulation 24 26 and 53 of the

Supreme Court Regulations

, 2012, where they seek leave to have the Notice of Appeal lodged be deemed to have been lodged within time, as well as, certification as a matter of general public importance in respect of an anticipated appeal arising from the judgment of the Court of Appeal delivered on the 26th of February 2019; and

2.

Upon reading the Affidavit of Mr. Eliud A Kariuki sworn on the 31st of July 2019, as well as a further Affidavit dated 13th of March 2020, in support of their application; an

3.

Upon perusing the grounds adduced by the Applicants as well as their submissions dated 13th March 2019, filed on the same day and further submission filed on the 4th of June 2020, in which they urge that their matter raises issues of general public importance in line with the criteria laid down in the Case of

Hermanus Phillipus Steyn v Giovanni Gnecchi Ruscone

, Supreme Court Application No 4 of 2012; that rule 53 of the

Supreme Court Rules

gives this Court the jurisdiction to extend time, and that article 163(5) of the

Constitution of Kenya

; and that section 24(2) of the

Supreme Court Rules

do give this court jurisdiction to review a ruling of the Court of Appeal on the issue of certification.

4.

Upon considering the Respondent’s Grounds of Opposition and their Replying Affidavits filed on the 3rd of March 2019 together with written submissions, where they argue that the Supreme Court does not have jurisdiction to review the decision of the Court of Appeal; that there is no Notice of Appeal on record and in the absence of one, the Application before the Court is incompetent, incurably defective and ought to be struck out; that the issues in the intended appeal do not transcend the private interest of the Applicant who allegedly illegally grabbed the Respondents land, and that third parties are at liberty to purchase their respective plots form the estate of the Respondent on a willing seller-willing buyer basis; and

5.

Having considered the Application, and noting that the Applicant has not satisfactorily explained the inordinate delay to warrant exercise of this Court’s discretion to enlarge time, we do decline to allow the application for leave to file a Notice of Appeal.

6.

Having reached this conclusion then, the application for certification has no legs to stand on and we do not find it necessary to consider it.

7.

For reasons aforesaid, we now make the following orders:

i.

The Notice of Motion dated 31

st

July 2019 is disallowed.

ii.

The Applicant shall bear the costs of the application.

DATED AND DELIVERED AT NAIROBI THIS 4

TH

DAY OF SEPTEMBER, 2020

.............................................................

P. M. MWILU

DEPUTY CHIEF JUSTICE & VICE PRESIDENT OF THE SUPREME COURT

.............................................................

M. K. IBRAHIM

JUSTICE OF THE SUPREME COURT

.............................................................

S. C. WANJALA

JUSTICE OF THE SUPREME COURT

.............................................................

NJOKI NDUNGU

JUSTICE OF THE SUPREME COURT

.............................................................

I. LENAOLA

JUSTICE OF THE SUPREME COURT

I certify that this is a true copy of the original

REGISTRAR,

SUPREME COURT OF KENYA