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Town Council of Awendo v. Nelson Oduor Onyango, Mijungu Misweta, Hezron Otieno, Rosalina Nyakure, Jairo Owino Odero, Timotheo Rayamo Okwach, Obiero Omedo, Eliud Ogutu Sirama, Joseph Omondi Rongo, James Omondi Anindo, Joseph Odiwuor Ochome & Attorney General

(2013) JELR 96513 (CA)

Court of Appeal  •  Civil Appeal 161 of 2010  •  18 Oct 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The genesis of the entire saga that has ended up in this appeal before us is pieces of land which originally belonged to various respondents herein, on the basis of various claims and which, in order to enable South Nyanza Sugar Company expand its nuclear scheme were acquired by the Government under the Land Acquisition Act No. 47 of 1968 pursuant to Gazette Notice No. 2996. The same Gazette Notice made specific the purpose for which the same pieces were acquired. It stated:-

“Gazette Notice No. 2996

The Land Acquisition Act 1968 No. 47 of 1968.

Notice of intention to acquire land. In pursuance of Section 6

(2) of the Land Acquisition Act, 1968, I hereby give notice

that the Government intends to acquire the following land for

the South Nyanza Sugar Scheme in South Nyanza District.”

The same Gazette Notice set out the registered owners of each of the same pieces of land, the area or sizes of the various parcels that were to be acquired. Almost all the people affected wer…

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