RULING OF THE COURT
In this Notice of Motion dated 18th April 2017 made under Article 1592. (d) of the Constitution, sections 3(2), 3A and B of the Appellate Jurisdiction Act and rules 1 (2) and 42 of the Court of Appeal Rules, the applicant, Godfrey Karume, seeks to have this Court re-call, re-open, review or set aside the judgment and orders of this Court (Asike-Makhandia, W. Ouko and K. M’Inoti, JJA.), and substitute therefor a dismissal of the respondents’ appeal with costs.
The application is premised on grounds that this Court mistakenly determined the date of the letter of allocation as the date when time started to run in a claim for adverse possession made by the respondents against the applicant, the registered owner of LR No. 4161, Grant Cr. No. 37527 Malindi, located opposite the Malindi Airport (the suit property).
The applicant’s contention is that on 28th December 1986 he was allocated the suit property by the Commissioner of Lands, and that upon registration of a grant o…