R U L I N G
On the 02.11.05, I declined to certify the notice of motion dated 28.10.05 as urgent. It was subsequently re-listed before me for hearing inter-partes under rule 47 (5) of this Court’s rules.
The short background to the application is this: -
On 29.4.05, this Court delivered itself finally in a long-running dispute relating to two parcels of land: Kiambaa/Kanunga/499A (plot 499A) and Kiambaa/Kanunga/499B (plot 499B). The Court restored plot 499A to its registered owner, Esther Njoki Rurigi who is the 1st respondent in this application. But the applicant here, Patrick Gathenya, was in occupation of the plot. He had maintained throughout the dispute that he had occupied and developed the plot since 1977. He did so believing that it was plot 499B which he had purchased from its lawful owner that year. On discovering that he had physically occupied the plot for which he had no title documents, the applicant sought to rectify the anomaly through the Land Registrar, Kiambu, who wen…