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SALIM JUMA ALI & RASHID ALI V. JOYCE NINGALA MWAMUTSI(AS ADMINISTRATOR OF THE ESTATE OF DAVID MWAMUTSI MURIA)

(2019) JELR 94817 (SC)

Supreme Court  •  Civil Application 11 of 2018  •  30 Apr 2019  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

R U L I N G

[1] We have before us an Application for certification under Article 163(4)(b) of the Constitution that the applicant’s intended appeal against the judgement of the Court of Appeal involves a matter or matters of general public importance warranting a further appeal to this Court and a temporary order of stay of execution of the judgement and/or decree of the Court of Appeal made on 10th May, 2018 in Civil Appeal No. 61 of 2017.

[2] The subject matter of the intended appeal is a land dispute over Title Number Mbwaka/Maereni/311 (the suit land) allegedly dating back to 1975 pitying the applicant’s family against that of the respondent. Both Juma Ali Birwa (deceased) the father of Salim Juma Ali and Rashid Ali (the Applicants) and Mwamutsi Murira (deceased) the father Joyce Ningala Mwamutsi (the Respondent) claim to have separately bought the suit land from the original owner one Katana Chiringa. During the adjudication process in the area, the respondent’s father, who claims …

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