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JAMES MWARIRI GATOME & 7 ORS
V.
REPUBLIC & ANOR

(2018) JELR 101110 (CA)

Court of Appeal 23 Nov 2018 Kenya
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Case Details

Suit Number:Civil Appeal 30 of 2012
Judges:Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale
Location:Nairobi
Other Citations:James Mwariri Gatome & 7 others v. Republic & another [2018] eKLR

JUDGMENT OF THE COURT

The 1st appellant, James Mwariri Gatome, is and was at the material time a licenced registered surveyor as is evidenced by the Certificate issued to him by Kenya Land Surveyors Board on 7th July, 1979 which was produced before the High Court.

The 2nd – 8th appellants, Patrick R. Kibuchi, S. P. Njagi, Patrick M. Lynus, L. M. M’Mbwi, J. M. Nderitu, Jason Kaburo and Ibrahim Isaack Jari, were Approved Assistants who practiced under the 1st appellant’s licence as was allowed by The Survey Act Cap 299 Laws of Kenya. All the 8 (eight) appellants practiced in the survey profession under a trade name M/s Gatome and Associates.

The 1st respondent is the Republic while the 2nd respondent is the Land Surveyors Board constituted under the said The Survey Act.

The facts of the case that were before the High Court were straightforward but unfortunate. We shall review those facts in detail as we are required to do under Rule 29 of the rules of this Court in a first appeal like this …

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