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CORDISON INTERNATIONAL LIMITED
V.
CHAIRMAN NATIONAL LAND COMMISSION & 44 ORS

(2019) JELR 103079 (CA)

Court of Appeal 7 Mar 2019 Kenya
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Case Details

Suit Number:Civil Appeal 91 of 2018
Judges:Alnashir Ramazanali Magan Visram Wanjiru Karanja Daniel Kiio Musinga
Location:Malindi
Other Citations:Cordison International (K) Limited v. Chairman National Land Commission & 44 others [2019] eKLR

JUDGMENT OF THE COURT

1. At the core of this appeal is a parcel of land situate in Kiongwe within Lamu County measuring approximately 11,100 acres or thereabout, hereinafter referred to as “the suit land”. The appellant’s claim to the suit property is premised on the following facts: the suit property was allocated to Kenwind (K) Limited, the 5th respondent herein, by the National Land Commission, the 2nd respondent, vide a letter of allotment dated 7th February 2017.

2. It is the appellant’s position that long before the 5th respondent expressed any interest, over the suit land the County Government of Lamu, the 6th respondent, being a trustee and lessor of the suit land had lawfully engaged with the appellant for the establishment of a wind power project thereon, which process began in the year 2009. On 16th November 2012 and 2nd September 2013 the County Council of Lamu and the County Government respectively, through a letter of Award for Land Lease approved the appellant’s Expressio…

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