JOHN KIPLANGAT BARBARET,CHRISTOPHER KIPTONUI MARITIM,WILLIAM MAKILOT SANG,JOSEPH KIPKOSGEI MARITIM,SIMEON KIPLAGAT NGERECHI,KIMUTAI ARAP KENDUIYW,PHILIP KIPKIRUI CHESIMET,BARTA TESOT & CHEMIYWA ARAP CHEPKELAT V. ISAIAH KIPLAGAT ARAP CHELUGET

RULING OF THE COURT

This appeal relates to adduction of additional evidence. By a Notice of Motion dated 21^st September, 2015, the applicants who are also the appellants in Nairobi Civil Appeal No. 289 of 2009, have moved this Court under Section 3A and 3B of the Appellant Jurisdiction Act and Rule 29 (2) of the Court of Appeal Rules, seeking orders as follows:

The Honourable Court be pleased at the hearing of this appeal to take additional evidence in the form of:

a. the supporting affidavit of John Kiplangat Barbaret supporting this application;

b. the annexed map for LR No. Narok/Cis-mara/Ilmotio/54 showing portion of the suit land occupied by the appellants;

c. the annexed air cartography map of 1971 showing the settlement status in Sagamian area; and

d. the annexed Petition and judgment of the High Court at Nakuru made on 21^st November 2014 in Nakuru HC Petition no. 41 of 2013, John Kiplangat Barbaret and Others -v- The Hon. Attorney General and Others.

2.That if the above prayers …