RULING OF THE COURT
This is a reference under Rule 55of the Court of Appeal Rules from the decision of a single Judge to the full court.
It is now trite law that the full court cannot upset the decision of a single Judge unless it is demonstrated that the single Judge failed to take into account any relevant factor – Express (K) Limited v. Manju Patel [2000] eKLR- or the exercise of his discretion in the matter was plainly wrong - Murai v. Wainaina (No.4) [1982] KLR 38. Did the single Judge in this case err in any of these stated principles? Before we answer this question, we should consider the other criterion taken into account in such references which is whether or not the applicant’s intended appeal is arguable. To determine this issue, it is imperative to state a brief factual background of this matter.
The piece of land known as Title No. Kamagambo/Kanyimach/82 (the suit land) was originally owned by the late Justo Otwere Sabara who was the father of the applicants. In Kisii HCCC N…