JOHN KIMANI NGATA & JACOB KIPKEMBOI BUSIENEI V. JAMES MAINA LELEY,MARTIN KURGAT,PAUL KIMURGOR CHEPOLEL & MARCELLA NAKHANU

RULING

By an originating motion dated and lodged in the High Court at Eldoret on 26^th October, 1998, John Kimani Ngata and Jacob Kipkemboi Busienei claimed that they had acquired by way of adverse possession land then known and registered as Land Parcel NO. UG/KIMUMU/224 which was then registered in the name of James Maina Leley. John Kimani Ngata and Jacob Kipemboi Busienei are now the 1^st and 2^nd applicants while James Maina Leley is the first respondent in the notice of motion dated and lodged in this Court on 30^th September, 2008, some ten years after the originating motion was lodged in the High Court. Omondi Tunya, J (as he then was) dismissed the applicants’ originating motion on 22^nd May, 2003. The learned Judge did so on the ground that the applicants had failed to prosecute their originating motion. The applicants were dissatisfied with the Judge’s order dismissing their originating notice of motion. It is agreed that the applicants immediately filed a notice of appeal and su…