ITUTE INGU & JOHN MALAVU MUTUNGU V. ISUMAEL MWAKAVI MWENDWA

RULING

I must frankly admit that this application has caused me a lot of anxiety, particularly in view of the fact that the subject matter of the dispute is land, and it would seem land of considerable acreage. Again it is clear that the two applicants, Itute Ingui and John Malavu Mutungu, have always wished to appeal against the ruling of the High Court dated the 4th January, 1983 but delivered on the 14th March, 1985. The ruling is said to be that of Mr Justice O’Kubasu but that is really not correct. The ruling is clearly that of Mr Justice Muli (as he then was) and Mr Justice O’Kubasu only read it out on behalf of Mr Justice Muli, who was then obviously not serving in the High Court. The applicants did not append a copy of the ruling to their application, but during the hearing before me, Dr Mutunga who appears for the respondent, Isumael Mwakavi Mwendwa, made a copy available to me.

It appears that the dispute between the applicants and the respondent started somewhere in a subordi…