JUDGMENT OF THE COURT
This appeal which is brought by the appellants, Martin Magana Okoyo and Thomas Ochieng Ongogo, is from a decision of the High Court dismissing their Notice of Motion dated 7th October 2011 in which they sought restraining orders to which we refer below and striking out their suit filed simultaneously with the application.
The facts in brief are that, Dominion Farm Limited, (Dominion), the 3rd respondent, sought to develop and manage a large scale irrigated farm comprising 6900 hectares at the Yala swamp. In pursuance of this venture, the Bondo County Council and the Siaya County Council caused a Gazette Notice No. 2570 of 25th August 1970 to be issued setting apart approximately 3,700 hectares of land (“the Gazetted portion”) in accordance with the provisions of Part IV of the Trust Lands Act. The Gazetted portion was accordingly leased to Dominion to undertake its agricultural activities where the dimensions and boundaries of the Gazetted portion were more particu…