BIREN AMRITLAL SHAH & ANOR
V.
REPUBLIC & 3 ORS

RULING OF THE COURT

The Appeal before us arises from an Order issued by the High Court (Githiji, J.) (as he then was) on 31^st July, 2002 in H.C. Misc. Appl. No. 316 of 2001 dismissing with costs the appellants application seeking, among other things, a review of that Court’s earlier orders given on 7^th December 2001 granting the 4^th respondent an order of mandamus directing the 2^nd and 3^rd respondents to return the original Green Card and or Register in respect of Title No. Chembe/Kibabamshe/273 (“the suit property”) and directing the 2^nd and 3^rd respondents to reconstruct the land register in respect of the suit property so as to reflect the 4^th respondent as the current owner.

In that application, the 4^th respondent had sought an order of certiorari to quash the decision of the 2^nd and 3^rd respondents for destroying the original register in respect of the suit property and creating a new register which showed the appellants as the registered proprietors of the suit property. The 4^th r…