JUDGMENT
A. Introduction
1.This is a petition of appeal dated September 3, 2019 and filed on September 5, 2019 pursuant to its admittance as one involving a matter of general public importance under articles 163(4)(b) and 163(5) of the Constitution. The appellant is challenging the entire Judgment and Orders of the Court of Appeal (Githinji, Karanja & Maraga, JJ.A) at Nairobi in Civil Appeal No. 252 of 2005 delivered on the 27th day of February 2014. In certifying the Appeal as one involving a matter of general public importance, in Supreme Court Civil Application No 4 of 2015, Pati Limited v Funzi Island Development Limited & 4 others [2019] eKLR; this court (Mwilu,DCJ & VP, Ibrahim, Wanjala, Njoki & Lenaola SCJJ); stated:
“(41)…. Consequently, in this matter, duly guided by the issues that the Court of Appeal considered and for pragmatism, we certify the following as the issue of general public importance which this court should consider in the intended appeal:
“Whether the land subject…