WILLIAM NJIHIA KIMANI V. FRANCIS WAWERU MBOCHI

RULING OF THE COURT

Like is always the norm with land disputes, this dispute has been in court since 1994. The current application was triggered by a decision made on 23^rd November, 2010 by the High Court in which the respondent’s application seeking cancellation of the title deed issued in favour of the applicant was allowed. The applicant was aggrieved but did not lodge a notice of appeal. By an application dated 11^th June, 2019, he sought from this Court leave to file the notice of appeal out of time.

Nambuye, JA in chambers, having dismissed the application, the applicant made a reference to a full bench, which also found no merit in the application and likewise rejected it on 7^th August, 2020.

Even as these were happening, the applicant’s motion dated 14^th November, 2018 remained alive. In it, he has asked that conservatory orders be issued in respect of certain parcels of land in addition to an order of injunction to restrain the respondent from evicting him from those parcels of l…