Application No. Having set it aside for allocation illegally, the 2 nd respondent went further to issue the Grant No. Journal of Eastern African Research and Development. I also agree with the proposed order of costs. That the whole area of the land granted to Pati limited between high and low water mark on Funzi Island is a mangrove forest which has been declared to be a protected forest area by proclamation No. Between the two properties are mangroves and the area is under water during high tide.
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After hearing the application, the learned Judge dismissed it thus provoking this appeal. Further, where the statute imposes a duty to notify the persons affected and to hear their representations, the statutory body should genuinely comply and a full and sufficient opportunity accorded to the persons affected to make their representations Grunwick Processing Laboratories Ltd v. The correspondence shows that the Commissioner of Lands inquired from the Director of Surveys about the increase in the area which the Director of Surveys explained. Mwanzandi the area member of parliament whose letter head shows that he was an Assistant Minister for Public Works and Housing, apparently applied to the council for the setting apart of, and allocation of 0. Flower HW. The setting apart and the grant obtained by such misrepresentation is invalid. It follows that the appellants proved to the required standard that the land was not Trust land vested in the council and the learned Judge erred in holding to the contrary.