IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: MADAN, LAW and POTTER JJA)
CIVIL APPEAL NO. 26 OF 1979
KARIUKI........................... APPELLANT
VERSUS
KARIUKI........................RESPONDENT
JUDGMENT
Law JA This appeal vividly illustrates the injustice which so often flows from the operation of the Land Control Act (cap 302), hereinafter referred to as “the Act”. That Act, as its long title indicates, is intended to provide for controlling transactions in agricultural land. It was not, and cannot have been, intended to apply to land such as the suit premises, which consist of a plot of 1/4 of an acre, one of some two hundred similar plots which were made available, at the time of land consolidation, to homeless people so that they should have somewhere to live. Before consolidation, the land was agricultural. Now it is residential. The plots have became a village. Unfortunately, the area in which these plots are situated has never been designated as a municipality, township or trading centre,…