SHREE VISA OSHWAL COMMUNITY & NAIROBI REGISTERED TRUSTEES V. ATTORNEY GENERAL, COMMISSIONER OF LANDS, CABINET SECRETARY IN CHARGE OF EDUCATION & GIDEON KIOKO MBUVI

JUDGMENT OF THE COURT

By a grant dated 14^th April, 1961 the Governor of the Colony and Protectorate of Kenya, on behalf of Her Majesty the Queen issued to the trustees of Shree Visa Oshwal Community of Nairobi (the appellants) all that parcel of land measuring approximately 4.14 acres located in Parklands area of today’s Nairobi County and known as LR No. 209/5996 (the suit property) for a term of 99 years with effect from 1^st January, 1954. The grant was subject to payment of an annual rent of Kshs. 72/=. It was also subject to the provisions and application of the Crown Lands Ordinance and some 12 special conditions. Pertinent to this dispute, those conditions were to the effect that the appellants would erect buildings of approved designs and standard; that the buildings so erected would be used as a school and one as a house for the school principal. It is, however, the application and interpretation of special condition No. 12 that precipitated the action from which this appeal ha…