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

(1997) JELR 103424 (CA)

Court of Appeal  •  Civil Appeal 252 of 1996  •  27 Jun 1997  •  Kenya

Coram
Akilano Molade Akiwumi

Judgement

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 22nd July, 1993, under the heading "Intention to Acquire Land", that in pursuance of section 6(2) of the Land Acquisition Act which I shall henceforth, refer to as "the Act", he was giving notice that the Government intended to acquire land which belonged to Coastal Acquaculture Ltd., the respondent herein, "for Tana River Delta Wetlands".

The Commissioner also caused to be published another Gazette Notice No. 3591 of the same date, giving notice of the date when an inquiry would be held to hear claims to compensation by those affected by the ac…

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