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Kenya Wildlife Service v Lake Jipe Safari Lodge Limited [2018] KECA 880 (KLR)

[2018] KECA 880 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
880
Citation
[2018] KECA 880 (KLR)
Decided
19 January 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court judgmentCoramP. N. WAKI, D. K. MUSINGA, S. GATEMBU KAIRU, FCIArb
Holding

The applicant is entitled to evict the respondent under the lease agreement

Facts

The respondent entered into a lease agreement with the applicant's predecessor for a tourist hotel site in Tsavo West National Park. The applicant evicted the respondent's employees and took possession of the site, leading to the respondent's claim of loss and damage.

Issues

  1. Whether the applicant is entitled to evict the respondent under the lease agreement
  2. Whether the respondent breached the lease agreement

Reasoning

The applicant was entitled to re-enter the premises and determine the lease due to the respondent's breach of the agreement.

Outcome

The applicant's application for a stay of execution of the High Court judgment is dismissed

Orders

  • The applicant's application for a stay of execution is dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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