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ISACK M'INANGA KIEBIA V. ISAYA THEURI M'LINTARI & ISACK NTONGAI M'LINTARI

(2015) JELR 105457 (SC)

Supreme Court  •  Application 46 of 2014  •  16 Jul 2015  •  Kenya

Coram
Philip Kiptoo Tunoi, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING

INTRODUCTION AND BACKGROUND

[1] The instant application seeks leave to lodge an appeal before this Court, pursuant to Article 163(4)(b) of the Constitution. The applicant seeks that we certify the intended appeal as one raising matters of general public importance. The application comes by way of Notice of Motion dated 2nd December, 2014, supported by an affidavit of even date sworn by the applicant. It seeks a review (pursuant to Article 163(5)) of the Ruling of the Court of Appeal, dismissing an application for certification. The application also seeks conservatory orders preserving the suit-property against the execution of current Orders, pending the hearing and determination of the intended appeal.

[2] The foundation of the intended appeal emanates from a land dispute involving members of the same family, and a claim in the beneficial interest in land titles: Njia Kiegoi Scheme/70 [Plot 70) and Njia Kiegoi Scheme/86 [Plot 86]. The respondents at the Court of Appeal and in thiā€¦

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