REUBEN MUNA KANGETHE V. ATHANAS BONAVENTURE WANYAMA, PRISCILLA OMBITO WANYAMA & LAND REGISTRAR KIAMBU DISTRICT

RULING OF THE COURT

This Notice of Motion dated 24^th July 2018 is made under Article 163(4) (b) of the Constitution following a decision of this Court (Visram, Azangalala and Kantai, JJA), delivered on 3^rd February 2017. The applicant seeks for certification to appeal to the Supreme Court.

The motion was filed on the grounds that this Court failed to appreciate that the applicant was a purchaser for value of the suit property, of which he had taken possession, and not having been a party to the fraud that resulted in his becoming the registered proprietor, an order of rectification ought not to have been made so as to cancel the applicant’s name as registered proprietor. It was further contended that the intended appeal was a matter of general public importance, as it is concerned with the interpretation of section 143 of the repealed Registered Land Act and section 80 (2) of the Land Registration Act, where different benches of this Court had interpreted the provisions differently.

The …