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Daniel Kimani Njihia v. Francis Mwangi Kimani & District Land Registrar – Thika

(2014) JELR 105334 (CA)

Court of Appeal  •  Civil Application Sup 10 of 2013  •  14 Feb 2014  •  Kenya

David Kenani Maraga, Paul Kihara Kariuki, William Ouko



By a Motion on Notice filed on 2nd May, 2013 and expressed to be taken out under sections 3A and 3B of the Appellate Jurisdiction Act [Cap 9] and Rules 39, 42 and 43 of the Rules of this Court as well as “all other provisions of the law”, the applicant, DANIEL KIMANI NJIHIA made one substantive prayer, namely leave to appeal to the Supreme Court against the decision of this Court dated the 12th April, 2013 (Visram, Makhandia and S. Ole Kantai JJA). The decision that the applicant seeks to appeal to the Supreme Court is a ruling rather than a judgement of this Court.

Notwithstanding the choice of words and phraseology in the Motion, we opted to treat the Motion as an application for certificate that a matter of general public importance is involved within the meaning of Article 162(4) (b) of the Constitution, not the least because the Motion was drawn by the applicant in person. The ground upon which certification was sought was that:

“The appeal involves a matter of g…

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