JUDGMENT OF THE COURT
In this appeal, the appellant Messrs Muchanga Investments Limited is aggrieved by a half page ruling of the superior court (Khamoni, J) given against it ten years ago. On 2nd March, 1999, the court refused to strike out an Originating Summons dated 29th January 1998 which sought the extension of a caveat registered against the property LR 5386/3 owned by the appellant. The Lands Department Central registry in Nairobi had registered the caveat on 4th May 1994 on the application of Safari Unlimited (Africa) Ltd the respondent herein. In the application for registration the respondent company, claimed:
“Purchaser’s and adverse possessor’s interest pursuant to section 75(6) of the Constitution of Kenya (8.c) heads of agreement signed by the registered owner and its directors being the party to be charged under and for the purpose of section 3(3) of the Law of Contract Act Cap 23 Caveators possession since 1969 part II Cap 22 in LR 3586/3.”
After the registration of the …