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Diocese of Ngong Truestees (Registered) v. Loise Nongai Kindi

(2016) JELR 102699 (CA)

Court of Appeal  •  Civil Appeal 359 of 2014  •  4 Nov 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



By virtue of the powers vested in him by His Most Gracious Majesty King George the Fifth, the Governor and Commander-In-Chief of the Colony of Kenya, Sir Edward William Macleay Grigg (1925–1930) granted to Magadi Soda Company PLC (the company) in 1924, 100 acres of a parcel of land known as LR NO 4521 situate on the South-East of Ngong Township at a consideration of the sum of Kshs 600 by way of stand premium for a term of 99 years from 1st November 1924 to 1st November, 2023.

It would appear that at some point in time the company found no immediate use for the land hence its decision in 1958 to surrender 90 acres to Olkejuado County Council on behalf of the Government (Colony), retaining 10 acres now known as LR 4521/2 (the suit property) which it intended to use as a camp for the maintenance of the main road to Magadi, between Mbagathi River and the Ngong Hills. After this road was tarmacked it was not necessary to retain the road maintenance gang camp permanentl…

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