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Kenya Wildlife Service v. Lake Jipe Safari Lodge Limited

(2018) JELR 99887 (CA)

Court of Appeal  •  Civil Application 92 of 2017  •  19 Jan 2018  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. By its Notice of Motion dated 25th April 2017 presented to this Court on the same date, the applicant seeks an order of a stay of execution of the judgment of the High Court dated 12th October 2016 and delivered on 17th October 2016 in Nairobi HCCC No. 92 of 2006 pending the hearing and determination of the intended appeal.

2. The respondent’s case before the High Court was that on 5th June 1987, it entered into an agreement with the predecessor of the applicant agreeing to lease a site comprising 10 ha within Tsavo West National Park for purposes of constructing and running a tourist hotel. The lease was for a term of 20 years with effect from 1st January 1987 with an option to renew for another 10 years on the terms and conditions set out in the agreement.

3. The respondent averred that on 14th November 2000 the applicant, in breach of the said agreement, unlawfully, violently, and forcefully evicted the respondent’s employees from the site and took possession of…

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