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Kasigau Ranching (DA) Ltd v. Kihara & 4 others

(1998) JELR 100218 (CA)

Court of Appeal  •  Civil Application 105 of 1998  •  6 Nov 1998  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Effie Owuor

Judgement

Kasigau Ranching (DA) Ltd v Kihara and 4 others

Court of Appeal, at Nairobi November 6, 1998

Tunoi, Shah and Owuor JJ A

Civil Application No 105 of 1998

(Appeal from a judgment of the High Court of Kenya at Nairobi (Mbito, J.)

dated 25th February, 1998 in HCCC No 5936 of1993)

Mining – prospecting and mining – lands excluded from prospecting and

mining - Mining Act section 7 (1) (m) and 7 (2)

The applicant was the registered owner of the parcel land known as LR

No 12180 situated at Kasigau within Taita Taveta District. The respondents

were at one point licensees of the applicant for prospecting of minerals

and precious stones, but the applicant had allegedly withdrawn the said

licence.

Having filed an appeal which contested the continued prospecting by the

respondents on the applicant’s land, the applicant sought a stay of execution

and or injunction pending the outcome of the appeal. The respondents

opposed the application by arguing that having been granted a licence

from the Department of Mines and …

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