DANIEL SHUMARI NJIROINE V. NALIAKA MARORO

RULING

BACKGROUND

[1] The application before this Court is by way of Motion dated 22^nd May, 2013 seeking a review of the Court of Appeal’s decision (Maraga, Kariuki, Sichale JJA) dated 22^nd February, 2013 in which that Court declined to grant leave to the applicant to appeal to the Supreme Court.

[2] The historical background of this matter harks back to the Court of Appeal’s decision dated 22^nd February, 2001. This suit can be traced to the 1970s, when the applicant and the respondent lived together as man and wife (they have since separated). Both parties claimed ownership of a property: L.R. UASIN GISHU/NG’ENYILEL/333 (the “suit land”). The applicant herein claimed to have bought the suit land in 1972. The respondent also claimed to have bought the suit land in the same year, and that the applicant then registered it in his name, in trust for her. Each party claimed to have purchased the land from the same person: Pius Koskei.

The matter before the High Court

[3] In 1990, the responden…