..

land law – appeal – appeal against decision of the court declining to declare the appellant the true owner of the suit property – doctrine of adverse possession – appellant having claimed to be the true owner of the suit property - evidence on record showing that the appellant was put in possession of the land as a purchaser pending completion of the sale - there being no proof that the appellant was in adverse possession of the suit property – whether the appellant proved his case on balance of probabilities - whether the trial judge properly rejected the evidence of the appellant’s witnesses

Civil practice and procedure – appeal –appeal against the decision of the High Court to dismiss the appellants interlocutory application on the ground of lack of jurisdiction –duty of the court in an interlocutory appeal not to deal with issues  yet to be determined in a suit –whether parliament by enacting section 87 of the Electric Power Act intended to deny the High Court the original jurisdiction to deal with minor complaints under the Act-whether the High Court had jurisdiction- Electric Power Act ,No 11 of 1997 section 87.

Civil practice and procedure-striking out-application striking out the notice of appeal and the record of appeal-ground that the respondents should have filed two different notices of appeal against the two orders of the superior court-whether striking out the notice and record of appeal would be in line with the overriding objective in civil litigation-validity of application-Appellate Jurisdiction Act (cap 9) sections 3A, 3B

Civil practice and procedure-striking out-application to strike out record of appeal-ground; that the order and ruling appealed from were not certified as required by law thereby rendering the record of appeal fatally defective and incompetent-whether the applicants were prejudiced by the omission-validity of application-Court of Appeal Rules (cap 9 sub Leg) rules 22, 85 (5), 89 (3)Civil practice and procedure-overriding objective principle-provisions of sections 3A and 3B of the Appellate Jurisdiction Act aiming to facilitate just, expeditious, proportionate and affordable resolution of an appeal-court’s consideration-whether striking out the appeal would further the overriding objective principle-Constitution article 159 (2) (d); Appellate Jurisdiction Act (cap 9) sections 3A, 3B

Land law-agreement for sale of land-agricultural land-land subject to consents of the Land Control Board-application for consent by the parties not in conformity with the Practice Instruction Circular issue by the Chief Land Registrar-whether such a transaction was proper-whether the ruling and subsequent transfer of the suit land altered the character of the trial court’s judgment and therefore a nullityLand law-Land Control Board-consents-controlled transactions-absence of consent of the Board to transfer the suit land-whether the agreement for sale was void for lack of consent of the Board-whether equity would compel specific performance of such contract of sale of land-Land Control Act (cap 302) sections 6 (1) (a) (b), 8 (1), 9 (2)Civil practice and procedure-jurisdiction-overriding objective principle-provisions of sections 3A and 3B of the Appellate Jurisdiction Act and article 152 (2) (d) requiring the court to administer justice without undue regard to procedural technicalities-whether by virtue of the overriding objective principle the Court of Appeal had jurisdiction to set aside consequential orders and restore the title of the suit land to the appellants-where the ruling and subsequent transfer of the suit land altered the character of the trial court’s judgment and therefore a nullity-Constitution article 159 (2) (d); Appellate Jurisdiction Act (cap 9) sections 3A, 3B

Land law-ownership-allotment-where the parties were allotted land by a statutory body-where the allotment letter did not specify the acreage of the respective portions of land and the only boundary was a waterway-whether the appellant was holding the suit land in trust for the respondents-where the appellant had fully paid the consideration for her respective share-whether there was a contractual or other relationship from which a trust could be implied-whether the respondents had proved the existence of a trust express, implied, constructive or resulting in natureLand law-land registered under the Registration of Lands Act-boundary disputes-power to determine boundaries relating to land registered under the Act vested in the Land Registrar-whether courts have jurisdiction on issues of boundary determination-whether court could entertain disputes involving boundaries of land registered under the Act-where the trial court ordered the appellant to surrender the portion of the disputed land-where the respondents’ right to question the boundary in issue was already spent-whether the trial court had any legal and factual basis to make such consequential orders-Registration of Land Act (cap 300) sections 21 (2) (4), 143 (1)

Land law-Land Control Board-consent-sale of agricultural and-land subject to consent of the Land Control Board-whether the necessary consents were issued by the Land Control Board-whether the sub-division, sale and transfer of the suit land was valid-whether the sale agreement was enforceable at the instance of either party-specific performance-whether the order of specific performance was lawfully issued in favour of the purchasers-principles applicable-Land Control Act sections 6 (1) (2), 8Land law-agreement for sale of land-completion of-time-when time is made of essence-manner of making time of essence-effect of default-vendor’s right to rescind the sale-reasonable notice-whether the vendor’s notice to the purchasers was valid in the circumstances of the case-applicable principles