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Commissioner Of Lands v. Kunste Hotel Limited

(1997) JELR 104972 (CA)

Court of Appeal  •  Civil Appeal 234 of 1995  •  14 Mar 1997  •  Kenya

Gurbachan Singh Pall, Akilano Molade Akiwumi, Samuel Elikana Ondari Bosire



On the motion by Kunste Hotel Limited, which was expressed to be brought under O. LIII rules 1 and 2 of the Civil Procedures Rules, and Section 8 of the law Reform Act Cap 26 Laws of Kenya, naming K and K Trading Limited, as the interested Party, the Superior Court (D. M. Rimita,J.) issued an Order of Certiorari quashing a decision by the Commissioner of Lands, dated 3rd May, 1995, allotting a plot of land known as Nakuru Municipality /Block 16, measuring 0.20 hectres to the interested party. This appeal is by the Commissioner of Lands challenging that order. A casual perusal of the grounds of appeal, prima facie, shows that the appeal has, in effect, been brought by the Commissioner of Lands on behalf of the interested party, but we are unable to appreciate why public funds and resources are being employed in the pursuit of private interests. Be that as it may, the grounds of appeal raise both points of fact and law.

The history of this matter dated back to 1976 w…

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