JUDGMENT OF THE COURT
This is an appeal against the decision of the High Court (G. B. M. Kariuki, J.) given on 26th November, 2004, in which the learned Judge in his ruling in an application for judicial review held that the leave which had been given earlier by another Judge, to bring the said application was a nullity having allegedly been given outside the time limited for bringing the application.
The dispute between the parties as we discern from the material on record, started when an application was made to the Tiriki Divisional Land Disputes Tribunal pursuant to the provisions of section 3(2) of the Land Disputes Tribunals Act, concerning a parcel of land known as Kakamega/Cheptulu/642. The tribunal after hearing the parties and their witnesses rendered a decision. It is not clear from the proceedings of the tribunal when that decision was made, but a letter forwarding the decision and the proceedings to the Vihiga Principal Magistrate’s Court pursuant to section 7 of the afores…