MONARCHS LODGE SAFARI LIMITED V. MARA NORTH HOLDINGS LIMITED, SANAET OLE MASEK, PARSEEN OLE RAKWA, NAROK COUNTY & MARA NORTH CONSERVANCY

RULING OF THE COURT

Monarchs Lodge Safari Limited (applicant), is a limited liability company, having been duly registered with the Registrar of Companies on 8^th October, 2013. All its three directors are of Canadian Nationality. The company is also the holder of an Investment Certificate issued to it under the Investment Promotion Act 2004, for purposes of investing in the business of hotel tourism.

The dispute from which this application arises revolves around the ownership of land parcel No. C1S–MARA/KOIYAKI–DAGUGURUETI/785 (Land parcel No. 785), and its subsequent mutations. It is important in order to put this application in its proper perspective, to revisit the history of the said land parcel and its ownership. The history of the land parcel prior to 2012 is not before us. From what we can decipher from the record, the 2^nd respondent (Sanaet ole Masek) was the lessor of the said property as at 20^th March 2012.

On the date in question, he leased the entire land parcel to Mara North…