RULING OF THE COURT
1. On 7th December 2017, this Court delivered a judgment dismissing an appeal lodged by the applicant against the respondents. Aggrieved by the dismissal of his appeal, the applicant by way of Notice of Motion dated 24th January 2018 has moved this Court seeking certification and leave to appeal to the Supreme Court. The dispute between the parties is a boundary dispute over land parcel No. Kisii/Gesima Settlement/60.
2. Land Parcel Kisii/Gesima Settlement/60 measuring 187 acres had been allotted and purchased in 1965 on loan from the Settlement Fund Trustees (SFT). The parcel included 4.5. acres under tea plantation. The dispute between the parties is that the 4.5 acres was wrongfully included in the land parcel Kisii/Gesima Settlement/60.
3. The appellant’s contention is that in 1985, the SFT purported to amend the Registry Index Map by drawing another Registry Index Map which erroneously appropriated and included the disputed portion as part of the adjoining parcel…