SHEIKH ALI TAIB V. GEORGE ELLAM WEKESA & SELINA WEKESA

JUDGMENT OF THE COURT

In this appeal, the appellant, Sheikh Ali Taib, quite unusually appealed in the same appeal, against two separate rulings of the Environment and Land Court at Mombasa (Mukunya, J.) dated 23^rd August 2013 (first ruling) and 14^th November 2014 (second ruling). Regarding the first ruling, the appellant filed a notice of appeal on 28^th August 2013 while for the second he filed the notice of appeal on 20^th November 2014. By the first ruling, the learned judge stayed proceedings in High Court Civil Application No. 260 of 2003, which he found to be between the same parties and to involve the same subject matter as High Court Civil Case No 454 of 2002 (OS). By the second ruling, he dismissed an application for review of the first ruling, holding that the appellant had failed to attach a copy of the order that he sought the court to review.

Appreciating the unusual approach he had adopted, at the hearing of this appeal the appellant, with leave of the Court, abandoned all t…