Ebby Ondieki v Barclays Bank of Kenya Limited [2020] KECA 613 (KLR)
The bottom line
#The Court of Appeal refused to let a bank customer take her damages case to the Supreme Court, confirming that purely private money claims don't qualify.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal raises a matter of general public importance under Article 163(4)(b)
It does not; the only point for the intended appeal is the refusal of loss-of-user damages, which is personal to the applicant and not a point of law affecting the public interest.
The court applied the Steyn principles: the matter must transcend the particular case and bear significantly on the public interest. The applicant's claim for loss of user of stolen money was a private damages grievance. Moreover, the Court of Appeal had already held that the claim was never pleaded before the High Court, so the issue could not be entertained on appeal at all. Certifications are not fare for ordinary cases however complex.
Legal principles established
#- For certification of an appeal to the Supreme Court, the intending appellant must show that the issue transcends the circumstances of the particular case and has a significant bearing on the public interest; determinations of fact and ordinary damages awards between parties do not qualify.
- A Court of Appeal has no jurisdiction to entertain an issue that was not pleaded before the High Court, and that limitation equally forecloses certification on such an issue.
Court orders
#- 1.The application for certification of a matter of general public importance for appeal to the Supreme Court is dismissed
- 2.Costs of the application awarded to the bank
- On appeal from
- Court of Appeal at Nyeri
- Civil Appeal No. 107 of 2012
- Jurisdiction invoked
- Article 163(4)(b) of the Constitution of Kenya, 2010 - certification of a matter of general public importance for appeal to the Supreme Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ebby Ondieki v Barclays Bank of Kenya Limited [2020] KECA 613 (KLR)", Case Analysis (2020). Civil Application Sup. 4 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/613/eng@2020-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.