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Richard Kipkemei Limo v. Hassan Kipkemboi Ngeny, Land Registrar - Uasin Gishu, Chief Land Registrar, Eldoret Municipal Council & Attorney General

(2019) JELR 94615 (CA)

Court of Appeal  •  Civil Application 56 of 2018  •  10 May 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

1. Before us is a reference to the full Court under Rule 55 of the Court of Appeal Rules (the Rules) against the decision of a single Judge (Githinji, J.A) dated 8th November, 2018. The 1st respondent is challenging the exercise of the learned single Judge’s discretion and as such, our mandate was succinctly discussed in Hezekiah Michoki v. Elizaphan Onyancha Ombongi [2015] eKLR as follows:

“For this Court to interfere with exercise of discretion by a single Judge sitting on behalf of the full Court and to vary, discharge or reverse that decision, the full Court must bear in mind that the single Judge was exercising a discretion which is unfettered, though exercisable judicially, and it has to be shown by the applicant that the single Judge took into account some irrelevant factor or factors or failed to take into account a relevant factor or factors; that the Judge failed to apply correct principles to the issue at hand, or that, taking into account all the circums…

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