REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CIVIL APPEAL NO.25 of 2000 BETWEEN
NAROK COUNTY COUNCIL ................................................ APPELLANT
AND
1. TRANS MARA COUNTY COUNCIL
2. KENYA ASSOCIATION OF TOUR OPERATORS ............... RESPONDENTS
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 this appeal, sued by means of a plaint, the Narok County Council, the Appellant in this appeal, and the Kenya Association of Tour Operators (KATO), the 2nd Respondent in this appeal, for the following 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 collected by the 2nd defendant in the Plaintiff's area of jurisdiction vide:
i.Kichwa Tembo Camp
ii.Mpata Club
iii.Mara Ser…