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

(2015) JELR 92840 (CA)

Court of Appeal  •  Civil Application Sup 2 of 2015  •  2 Dec 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement
<p class="ql-align-center"><strong>RULING OF THE COURT</strong></p><p class="ql-align-justify">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<sup>th</sup> May, 2015. The main issue was who between the 1<sup>st</sup> 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.</p><p class="ql-align-justify">The applicant has now returned to this Court by way of a Notice of Motion invoking <em>Article 163(4)(b) </em>of the <em>Constitution, Section 15</em> of the <em>Supreme Court Act, Regulation 30 </em>of the <em>Supreme Court Regulations, Sections 3A and 3B </em>of the <em>Appellate Jurisdiction Act, Rule 5(2)(b) and 42 </em>of the <em>Court of Appeal Rules </em>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: -</p><p><em>This Honourable Court be pleased to certify that the proposed appeal raises questions of general public interest and importance;</em></p><p><em>This Honourable Court be pleased t…</em></p>

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