judy.legal
Login Register

Kathleen Isabel Spiers v. Njokerio Farmers Company Ltd

(1983) JELR 100210 (CA)

Court of Appeal  •  Civil Appeal 35 of 1982  •  16 Feb 1983  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram:Madan, Law and Potter JJA )

CIVIL APPEAL NO. 35 OF 1982

BETWEEN

KATHLEEN ISABEL SPIERS..............................................................APPELLANT

AND

NJOKERIO FARMERS COMPANY LTD.........................................RESPONDENT

(Appeal from the High Court at Nairobi, Nyarangi J)

JUDGMENT

This is another case concerning the effect of the Land Control Act (cap 302) (hereinafter referred to as “the Act”) on a purchase of agricultural land by a public company. In Nyakinyua and Kang’ei Farmers Company Limited v. Kariuki and Gatheca Resources Limited , Civil Appeal No 16 of 1979 (unreported) this court held that a land control board is prevented by section 9(1) (c) of the Act from consenting to the purchase of agriculture land by a public company, and that the only course open to a public company is to petition the President under section 24 of the Act for the transaction to be exempted from the application of the Act. In this appeal the questio…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login