JAMES MWARIRI GATOME, PATRICK R. KIBUCHI, S.P. NJAGI, T. PATRICK M. LYNUS, L. M. M'MBWI, J. M. NDERITU, JASON KABURO & IBRAHIM ISAACK JARI (ALL T/A GATOME & ASSOCIATES)

JUDGMENT OF THE COURT

The 1^st appellant, James Mwariri Gatome, is and was at the material time a licenced registered surveyor as is evidenced by the Certificate issued to him by Kenya Land Surveyors Board on 7^th July, 1979 which was produced before the High Court.

The 2^nd – 8^th appellants, Patrick R. Kibuchi, S. P. Njagi, Patrick M. Lynus, L. M. M’Mbwi, J. M. Nderitu, Jason Kaburo and Ibrahim Isaack Jari, were Approved Assistants who practiced under the 1^st appellant’s licence as was allowed by The Survey Act Cap 299 Laws of Kenya. All the 8 (eight) appellants practiced in the survey profession under a trade name M/s Gatome and Associates.

The 1^st respondent is the Republic while the 2^nd respondent is the Land Surveyors Board constituted under the said The Survey Act.

The facts of the case that were before the High Court were straightforward but unfortunate. We shall review those facts in detail as we are required to do under Rule 29 of the rules of this Court in a first appeal like this …