LONGINUS ORONI MURUNGA V. DAVID MASIKA MAFUMBO

JUDGMENT OF THE COURT

[1] This is an appeal from the ruling of the High Court of Kenya, (Kibunja, J.) whereby the High Court allowed a preliminary objection to an application for judicial review and struck out the judicial review application as having been filed outside the time limited by Court.

[2] The following facts emerge from the record of appeal. By a written agreement dated 10^th April, 2003, made between the appellant, Longinus Oroni Murunga and the respondent, David Masika Mafumbo, the appellant sold five acres of land from his land Title No. south Teso/Chakol/357 comprising of 4.8 Hectares (approximately 12 acres) at a consideration of Kshs.175,000/=. The purchase price was fully paid and the purchaser given possession but the consent of the Land Control Board was not obtained. In about the month of August, 2011, the children of the appellant claimed the land from the purchaser. A dispute ensued and the respondent filed Land D. T. case No.011 of 2011 before the Chakol Land Dis…