RULING OF THE COURT
1. In his Notice of Motion dated 23rd August 2016, presented to this Court under Article 163 (4)(b) of the Constitution of Kenya, 2010, Sections 1 and 2 of the Supreme Court Act and Rule 24(1) of the Supreme Court Rules, 2012, the applicant seeks leave of this Court to appeal to the Supreme Court against the judgment of this Court delivered on 29th July 2016 in Eldoret Civil Appeal No. 58 of 2013. The applicant asserts that the intended appeal raises a matter of general public importance and that substantial miscarriage of justice will be occasioned unless the intended appeal to the Supreme Court is heard.
2. Appearing for the applicant, learned counsel Miss. Annet Mumalasi canvassed the grounds appearing on the face of the motion and referred to the supporting affidavit sworn by the applicant on 26th August 2016. She stated that the High Court allowed the applicant’s claim to Title Number Ndivisi/Ndivisi/64 under the doctrine of adverse possession in a judgment deli…