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JORETH LIMITED
V.
PATRICK MAGU MWANGI KIMUNYU

(2015) JELR 100744 (CA)

Court of Appeal 11 Dec 2015 Kenya
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- The case involved Joreth Limited (applicant), the registered proprietor of LR No. 13330/41 (“suit property”), and Patrick Magu Mwangi Kimunyu (respondent), a shareholder in Thome Farmers No. 5 Ltd., who claimed ownership by adverse posses

Case Details

Suit Number:Civil Application Sup. 16 of 2015
Judges:Erastus Mwaniki Githinji, Paul Kihara Kariuki, Jamila Mohammed
Location:Nairobi
Other Citations:Joreth Limited v. Patrick Magu Mwangi Kimunyu [2015] eKLR

RULING OF THE COURT

1. On the 9th October 2015, this Court, (Karanja, Kantai and Mwilu, JJA.) allowed an appeal by the respondent, Patrick Magu Mwangi Kimunyu and directed that he be registered as the proprietor of LR No. 13330/41, measuring in area about half an acre (the suit property), having acquired title to the same by adverse possession. Aggrieved by that judgment the applicant, Joreth Limited has now moved this Court under Article 163(4) of the Constitution for certification that its intended appeal to the Supreme Court involves a matter of general public importance. The respondent does not think so and contends that the intended appeal is a run-of-the-mill dispute with neither ramification nor consequence to anyone else beyond the parties to the dispute.

2. The background to the dispute is not very complicated. At all material times the applicant was the registered proprietor of the suit property. The applicant had sold a parcel of land, of which the suit property was a part, t…

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