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Court of AppealDismissedCivil Application No. Sup 14 of 2013 (UR 6/2013)· [2014] KECA 531 (KLR)
Edward Kings Onyancha Maina v Turkana Drilling Consortium (K) Ltd & 4 others [2014] KECA 531 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal refused a bid to take an oil-bloc dispute to the Supreme Court, dismissing the leave application with costs.
What this practically means
#Executive summary
#This is a brief ruling of the Court of Appeal (Karanja, G.B.M. Kariuki and Mwilu, JJ.A) on an application by Edward Kings Onyancha Maina for leave to appeal to the Supreme Court from the Court of Appeal ruling of 8th March 2013 (Nambuye, Warsame and Ole Kantai, JJ.A) in Civil Application No. Nai 21 of 2011. The application arose from the same ruling as Application Sup No. 13 of 2013, involving the same parties, issues and submissions. Although the applicant insisted that the application be heard separately, he adopted the submissions he had made in Application Sup No. 13 of 2013. The Court therefore declined to write a second ruling, holding that the ruling in Sup 13 of 2013 would apply mutatis mutandis to this application. On that basis the application was found devoid of merit and dismissed, with costs to the respondents. The judgment was dated and delivered at Eldoret on 11th April 2014. No authorities or statutes are cited in the ruling, and no separate opinions were rendered; the ruling is a single judgment of the whole court. Because the substantive reasoning resides in the incorporated ruling in Sup 13 of 2013, no independent ratio can be extracted from this text beyond the principle that companion applications with identical parties, issues and submissions may be disposed of by a single ruling applied mutatis mutandis.
Key legal issues
#Legal principles established
#Court orders
#- 1.The ruling in Application Sup No. 13 of 2013 applies mutatis mutandis to this application
- 2.The application is dismissed with costs to the respondents
- On appeal from
- Court of Appeal
- C.A. Civil Appl. No. Nai 21 of 2011
- Jurisdiction invoked
- Application for leave of the Court of Appeal to appeal to the Supreme Court (Supreme Court Rules, UR 6/2013)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Edward Kings Onyancha Maina v Turkana Drilling Consortium (K) Ltd & 4 others [2014] KECA 531 (KLR)", Case Analysis (2014). Civil Application No. Sup 14 of 2013 (UR 6/2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2014/531/eng@2014-04-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.