WALTER JOE MBURU V. ABDUL SHAKOOR SHEIKH (AS ADMINISTRATOR OF THE ESTATE OF SHEIKH FAZAL NOORDINILAHI), OPUS INVESTMENTS LTD, NATIONAL SOCIAL SECURITY FUND & COMMISSIONER OF LANDS AND REGISTRAR OF TITLES

RULING OF THE COURT

On 17th August 2012, which was precisely a decade and a fortnight after the appeal herein was filed in this Court, the appellant/applicant lodged a notice of motion under rules 29, 30 and 31 of the Rules of Court by which he sought the following orders;

“1. THAT the registrar or deputy registrar be directed to rectify the decree dated 4^th March 2002 and issued on 22^nd July 2002 to conform with the ruling of honourable PJ Ransley dated 14^th March 2012 the subject matter of this appeal.

2. The notice [of] appeal filed on the 19^th March 2012 be deemed to have been properly filed.

3. THAT additional evidence be taken.”

The grounds on which the motion is premised appear on its face and are to the effect that;

1. The notice of appeal though filed timeously was not endorsed by the registrar.

2. It has come to the applicant’s attention that the transactions leading to the suit of the High Court have been the subject of an investigation by the Ethics and Anti-Corruption Commiss…