RULING OF THE COURT
The applicant is the registered owner of all that parcel of land known as LR No 12180 situated at Kasigau within Taita Taveta District. The respondents were, some time ago, licensees of the applicant, for prospecting of minerals and precious stones. The licences were withdrawn.
This court in fact, in Civil Appeal No 134 of 1994, which appeal was between the same parties who are before us said:
“The defendants had been granted a licence which had expired and there was no evidence of any renewal of such licence. Upon the plaintiff withholding his consent the defendants were clearly trespassers.”
It is clearly arguable as to whether the Department of Mines and Geology in any way allow trespassers to continue prospecting on someone else’s land. It is also clearly arguable as to whether the applicant could ever become a trustee of the respondent’s alleged right to the minerals which may be on the said parcel of land.
But Mr Oluoch for the respondent was at pains to argue, th…