Agricultural firm Kakuzi, has filed a notice of its intention to escalate a fight with Makuyu Club over ownership of 72-acre parcel of land to the Supreme Court.
In a notice filed on Wednesday, the listed firm said it was dissatisfied with the judgement delivered last week, in favour of the club over the ownership of the disputed land.
The Court of Appeal upheld the decision of the Land and Environment Court in favour of the club in a long-running dispute, noting that the golf club members started using the land in 1934.
“Take notice that Kakuzi Limited, the applicant herein, being dissatisfied with the decision…given on November 8, 2024 intends to appeal to the Supreme Court against the said decision,” the company said in the notice.
In the decision, the appellate court said the club had exclusively used the contested land as a golf course since 1934, even before it was acquired by Kakuzi, and remained in use after the agricultural firm bought the expansive land in 1967.
Kakuzi claimed that the members of the Makuyu Club had been using the 72 acres as a golf course with its express knowledge and consent and that of its predecessor.
The company said it has been the one supporting the Club by helping in maintenance of the golf course by supplying diesel oil, petrol lubricants as well as lending tractors and lawnmowers and paying wages for clubhouse watchmen.
Justices Gatembu Kairu, Jessie Lesiit and Grace Ngenye-Macharia said the acts of supplying water to the club, grass mowers, paying workers and supporting through donations and such like activity do not qualify as asserting one’s right to property, as it did not have the effect of interrupting the members’ possession, or of dispossessing it of the property.
“We have come to the conclusion that the learned Judge’s judgment cannot be disturbed, that it was well articulated and that the learned Judge came to the correct conclusion of the case,” said the judges.
Kakuzi submitted that the club members have never used the land exclusively and instead, it was the company that used the portion of its property as a golf course, for its agricultural activities such as grazing of cattle and cutting grass for hay, use of the track through the property for its various activities without having to seek any consent from the club or without hindrance.
The company argued that the club was formed sometime in 1999 and Kakuzi contributed towards the maintenance of the golf course by supplying manpower, fuel for the tractors and other financial support.
The company said the 12,795 acre parcel initially belonged to Sisal Limited and was granted the parcel of land for a term of 941 years and two months from June 1, 1966.
The said land was transferred to Kakuzi Fibrelands Limited and the transfer registered on December 8, 1967 and on July 29, 1971, Kakuzi changed its name from Kakuzi Fibrelands Limited to Kakuzi Limited.
The club through Joel Wanyoike, a trustee contended that 70 acres or thereabouts out of Kakuzi’s land was donated to it by White settlers in 1934 for the use of a golf course long before the company was formed.
Through lawyer David Mereka, the club maintained that the portion was given to Makuyu Sisal, the predecessor of Kakuzi for the use of a golf club by its members.
Mr Mereka said the club has exclusively used the said portion, had landscaped it, constructed the tee boxes greens and made a makeshift shed for the bar, dug a pit latrine, sank a borehole and had installed a pump to irrigate the golf course.
The club said its occupation was open, without force and without any interference from Kakuzi.
