Board Of Governors, Moi High School, Kabarak & another v Malcolm Bell [2013] KECA 13 (KLR)
- Court
- Court of Appeal
- Case number
- 13
- Citation
- [2013] KECA 13 (KLR)
- Decided
- 22 February 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal to the Supreme CourtCoramD.K. Maraga, D.K. Musinga, F. Sichahe
Holding
The applicants are granted leave to appeal to the Supreme Court.
Facts
The respondent filed a suit in the High Court against Hon. Daniel Toroitich Arap Moi seeking to recover the suit piece of land. The respondents claim the land was given to Moi by his late father, Walter Bel, while the applicants claim the land was given to Moi by the School.
Issues
- Whether the applicants have jurisdiction to certify that the proposed appeal to the Supreme Court is a matter of utmost public importance.
- Whether the law relating to adverse possession of agricultural land in possession of the school since 1981 needs to be properly canvassed.
- Whether there is a likelihood of miscarriage of justice if the appeal is not heard.
Reasoning
The Court finds that the matter should be considered by the Supreme Court and the law clarified due to the importance of agricultural land in the country. There is uncertainty regarding the legal status of the school and the timing of adverse possession.
Outcome
Leave to appeal granted
Orders
- The applicants shall file a notice of appeal within fourteen days of the date hereof and serve it as provided under Rule 31.
- The costs of this application shall abide the outcome of the intended appeal.
Authorities cited
Cases cited (2)
- Erinford Properties Ltd v Cheshire County Council (1974) 1 ALL ER 448
- Joseph Mutafari Situma v. Nicholas Makhanu Cherongo
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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