WILSON NGATIA KARUNGARU (SUING AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF GEOFFREY KARUNGARU KABUA) & ATTORNEY GENERAL V. MBAU SAW MILLS LIMITED

RULING OF THE COURT

This Court seized with an appeal relating to the ownership of Plot No. Karatina Block 1/639 (the suit property) delivered its judgment on 20^th May, 2015. The main issue was who between the 1^st applicant and the respondent was entitled to the suit property. This Court set aside the High Court’s decision and entered judgment in favour of the respondent.

The applicant has now returned to this Court by way of a Notice of Motion invoking Article 163(4)(b) of the Constitution, Section 15 of the Supreme Court Act, Regulation 30 of the Supreme Court Regulations, Sections 3A and 3B of the Appellate Jurisdiction Act, Rule 5(2)(b) and 42 of the Court of Appeal Rules as a basis for seeking six orders, one of which was overtaken by events before the hearing of the application. The five remaining prayers are as follows: -

This Honourable Court be pleased to certify that the proposed appeal raises questions of general public interest and importance;

This Honourable Court be pleased t…