REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CIVIL APPEAL 25 0f 2000
NAROK COUNTY COUNCIL.............................................................. APPELLANT
AND
1. TRANS MARA COUNTY COUNCIL
2. KENYA ASSOCIATION OF TOUR OPERATORS ........... RESPONDENTS
(An appeal from the judgment of the High Court of Kenya at Kisii (Justice Tom Mbaluto)
dated 4th June 1998
in
H.C.C.C. No.17 of 1996
JUDGMENT OF AKIWUMI, J.A.
The fundamental issue in this appeal is whether the learned Judge had jurisdiction to hear the matter which is the subject of the appeal.
The Trans Mara County Council, the 1st Respondent in thisappeal, sued by means of a plaint, the Narok County Council, theAppellant in this appeal, and the Kenya Association of TourOperators (KATO), the 2nd Respondent in this appeal, for thefollowing reliefs:
"1. The Plaintiff prays for a declaration that the Plaintiff is entitled to its rights in the agreement between the 1st and 2nd defendants.
b. That the Plaintiff is entitled to the entry fees col…