COMMISSIONER OF LANDS & MINISTER FOR LANDS AND SETTLEMENT v. COASTAL ACQUACULTURE LIMITED

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Civil Appeal 252 of 1996

THE COMMISSIONER OF LANDS

THE MINISTER FOR LANDS AND SETTLEMENT................................APPELLANTS

VERSUS

COASTAL ACQUACULTURE LIMITED...............................................RESPONDENT

(An appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Ringera) dated 21^st March, 1996

IN

MOMBASA H.C.MISC. APPLI. NO. 55 OF 1994

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JUDGMENT OF AKIWUMI, J.A.

This appeal is from the judgment of Ringera, J. in which, he granted an order prohibiting the Commissioner of Lands from continuing with an inquiry into compensation to be paid in respect of land acquired under the Land Acquisition Act.

The background to all this is as follows. In 1993, the Commissioner of Lands whom I shall henceforth, refer to as "the Commissioner", caused to be published Gazette Notice No. 3590 dated 22^nd July, 1993, under the heading "Intention to Acquire Land", that in pursuance …