JAMES WAWERU MUTURI V. PAUL THUO NJAMBI

RULING

The applicant, James Waweru Muturi, an advocate of the High Court of Kenya, craves an order extending time to enable him file a notice of appeal out of time against the ruling and order of the Environment and Land Court (ELC) (Obaga, J.) dated 9th May 2017. By that ruling, the learned judge found that the respondent, Paul Thuo Njambi, was the legitimate owner of Plot No. 675, Kayole Spring Valley Resettlement Scheme (the suit property), having purchased the same from its previous owner, Kangiria Self Help Group. He also found that the applicant had no legal basis to claim ownership of the suit property because the former owner had merely allowed him to use it as a carwash on temporary basis, on the express understanding that he would vacate once the former owner sold or had use for it. Accordingly the learned judge issued a mandatory injunction compelling the applicant to vacate the suit premises.

It is common ground that the ruling was delivered in the presence of the advocates …