RULING OF THE COURT
Before us is a Notice of Motion application brought pursuant to Article 163 (4) of the Constitution, Sections 3A and 3B of the Appellate Jurisdiction Act, Chapter 9, Laws of Kenya and Rule 42 of the Court of Appeal Rules wherein the applicant seeks the following orders:-
- The Honourable Court be pleased to grant an order for stay of proceedings and execution of the judgment in Nyeri Civil Appeal No. 220 of 2010 and Nyeri H.C.C.C No. 151 of 2001 (O.S) pending the hearing and determination of the appeal against the judgment in Civil Appeal No. 220 of 2010.
- The Honourable Court be pleased to certify that the proposed appeal from the judgment of this Court delivered on 18th July, 2013 in Civil Appeal No. 220 of 2010 raises points of law of general public importance in regard to the principles laid down on adverse possession necessitating adjudication before the Supreme Court.
- The Honourable Court be pleased to certify, in addition, that there is a manifest uncertainty in t…