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and precious stones, but the applicant had allegedly withdrawn the said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