R U L I N G
On the 6th of June, 2004 Ransley J. dismissed an application for judicial review filed by Grace Waithira Njenga (hereinafter the “applicant”) seeking an order of certiorari to quash a decision of the District Land Registrar, Kiambu made on 24.07.03 creating an access road of 15 feet width over L.R. No. Kiambaa/Kihara/2838 which belonged to her.
The application was dismissed; firstly, for being defective in that the facts in support thereof were not stated in a verifying affidavit but in the statement accompanying the application, contrary to the decision of this court in KRA v. Owaki, Civil Appeal No. 45/00; and secondly, on the merits in that the Land Registrar had the power to determine the position of an uncertain or disputed boundary under Section 21(2) of the Registered Land Act. There was no notice of appeal filed to intimate dissatisfaction with that ruling.
More than one year later on 22.07.05 the applicant filed the notice of motion now before me seeking two orders u…