RULING
Though the notice of motion before me was very vigorously contested, the issue for me to determine is really very narrow. The applicant, Walter Awuoth Ayugi, wishes to appeal against the orders of Tanui, J made on 11th November, 2003. By those orders, the learned Judge quashed the decision of a Special District Commissioner made in favour of the applicant on 2nd October, 2002. One thing is certain from the record before me, and that is that the applicant has always wanted to appeal against the orders of Tanui, J. The desire to appeal is understandable in view of the fact that the subject matter at the centre of the dispute between the applicant and Hesborn Sule who is the real respondent to the applicant’s motion, are land parcel Nos. Kisumu/Kasule/106 and 973. The order of Tanui, J effectively gave that land to Hesborn Sule who had earlier on in 1986 been awarded those pieces of land by another Special District Commissioner exercising the appellate powers of the Minister delega…