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Cottar v Lime Limited and Another (Civ. App. No. 21/1937,) [1938] EACA 18 (1 January 1938)
The Court of Appeal held that a plaint claiming a mining lease did not disclose a cause of action because it failed to state the contractual or statutory basis of the alleged right.
Cushny v Kakamega Ore Reduction Co. Ltd (C.C. No. 70/1936) [1936] EACA 147 (1 January 1936)
The court held that regulation 45(4) of the Mining Regulations, 1934, does not empower a person claiming an option on a mining location to register multiple documents as a single document dealing with or affecting a mining lease, claim, or location. The regulation requires the submission of a single original document for registration, not a collection of disparate papers. Allowing the registration of multiple documents would undermine the clarity and reliability of the registration system and could lead to legal uncertainty regarding the nature and effect of the registered interest. In this c…
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