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National Land Commission v. Johnson Okiro Misiga

(2021) JELR 98529 (CA)

Court of Appeal  •  Civil Appeal 12 of 2020  •  5 Feb 2021  •  Kenya

Coram
Patrick Omwenga Kiage

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: KIAGE, J.A. ( IN CHAMBERS)

CIVIL APPEAL NO. 12 OF 2020

BETWEEN

NATIONAL LAND COMMISSION..................APPELLANT/RESPONDENT

AND

JOHNSON OKIRO MISIGA.................................RESPONDENT/APPELLANT

(An appeal from the Judgment of the Employment and Labour Relations Court at Nairobi (Onesmus Makau, J.) dated 1 st November, 2019

in

ELRC Cause No. 482 of 2016)

************************

RULING

The application before me dated 16th September 2020 is yet another poignant and disturbing reminder that the craft of litigation in this country, and specifically appellate litigation, is fast sinking towards the nadir and calls for urgent and concerted efforts to arrest the slide towards a point of no return, beyond retrieval. I can only hope that Judges, law schools and senior practitioners see the lapses such as revealed in the motion before me as symptomatic of the broken window that, unchecked, can only be a harbinger of worse to come.

First off, it is quite obvi…

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