PATI LIMITED V. FUNZI ISLAND DEVELOPMENT LIMITED, J.B HAVELOCK, M.E HAVELOCK, COUNTY OF KWALE & COMMISSIONER OF LANDS

RULING OF THE COURT

[1] Litigation giving rise to the matter before us was precipitated by an allotment letter dated 27^th July 1994 through which The Commissioner of Lands, who is now the 5^th respondent (hereinafter referred to as the Commissioner), for and on behalf of The County Council of Kwale who is the 4^th respondent (hereinafter referred to as the County Council), allocated a piece of land situated at the shores of Indian Ocean in Msambweni, Funzi Island, in the then Kwale District, now Kwale County, known as L.R No. 20247 and comprised in the Grant registered as CR. No. 106 (hereinafter referred to as “the suit land”), to the applicant herein Pati Limited.

[2]Funzi Island Development Limited (the 1^st respondent) owns a piece of land on the main Funzi Island, upon which it has developed a luxurious tented camp. The suit land was immediately in front of the 1^st respondent’s development and the 1^st respondent and its directors J.B Havelock and M.E Havelock (the 2^nd and 3^rd responde…