NAROK COUNTY COUNCIL V. TRANS MARA COUNTY COUNCIL & ANOTHER

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

Civil Appeal 25 of 2000

NAROK COUNTY COUNCIL............................................................ APPELLANT

AND

1. TRANS MARA COUNTY COUNCIL

2. KENYA ASSOCIATION OF TOUR OPERATORS .............. RESPONDENTS

(An appeal from the judgment of the High Court of Kenya at Kisii (Justice Tom Mbaluto)

dated 4th June 1998

in

H.C.C.C. No.17 of 1996

JUDGMENT OF AKIWUMI, J.A.

The fundamental issue in this appeal is whether the learned Judge had jurisdiction to hear the matter which is the subject of the appeal.

The Trans Mara County Council, the 1st Respondent in this appeal, sued by means of a plaint, the Narok County Council, the Appellant in this appeal, and the Kenya Association of Tour Operators (KATO), the 2nd Respondent in this appeal, for the following reliefs:

"1. The Plaintiff prays for a declaration that the Plaintiff is entitled to its rights in the agreement between the 1st and 2nd defendants.

b. That the Plaintiff is entitled to the …