JUDGMENT
This is another case concerning the effect of the Land Control Act (cap 302) (hereinafter referred to as “the Act”) on a purchase of agricultural land by a public company. In Nyakinyua and Kang’ei Farmers Company Limited v. Kariuki and Gatheca Resources Limited , Civil Appeal No 16 of 1979 (unreported) this court held that a land control board is prevented by section 9(1) (c) of the Act from consenting to the purchase of agriculture land by a public company, and that the only course open to a public company is to petition the President under section 24 of the Act for the transaction to be exempted from the application of the Act. In this appeal the question which arises for decision is whether a public company which has contracted to purchase agricultural land must make its application to the President within any specified time, and if so, and if the company fails to apply within that time, does the contract become void.
The appellants are the executors of the estate of the lat…