RULING OF THE COURT
On 6th November 2009, this Court dismissed the appellant’s appeal being Civil Appeal No. 58 of 2005 which had been filed at the Court of Appeal in Nakuru. The appeal was challenging the judgment of the High Court (Visram, J as he then was) dated 5th May 2003.
The parties herein are brothers and their dispute is in respect of land reference No. NYANDARUA/MELANGINE/1631, which according to the applicant is held in trust for him by the respondent. The High Court heard the parties after which it dismissed the applicant’s claim. His appeal to this Court was similarly dismissed. Undeterred, the applicant has come back to this Court, seeking by way of the notice of motion filed on 22nd February 2013, an order that he be granted leave to move to the Supreme Court on second appeal. His application is supported by his affidavit sworn on 22nd February 2013. It is opposed by the respondent by way of the replying affidavit sworn on 4th July 2013.
Before the motion could be heard, …