WRECK MOTOR ENTERPRISES V. COMMISSIONER OF LANDS & 3 OTHERS

JUDGMENT OF THE COURT

The facts giving rise to this appeal are largely not in dispute and are as follows. The appellant firm has since 1989 been operating on plot Land Reference Number 209/12059, South "B" Nairobi, hereinafter referred to as the suit plot, an open air Jua Kali business of repairing motor vehicles and dealing in reconditioned vehicles, vehicle spare parts and accessories. On March 11, 1993, it sought through the Commissioner of Lands, the first respondent in the appeal, the approval of H.E. the President under section 36 of the Government Lands Act for the suit plot to be allocated to it. Presidential approval was obtained on November 24, 1993, but by a letter dated January 31, 1994, the Commissioner of Lands wrote to the appellant that the suit plot had been allocated to another person and so was no longer available as an unalienated land, for allocation to the appellant. However, no details as to when the related allocation was made were given. Thereafter things turne…