Rhino Valley Lodge Limited v Kenya Wildlife Services Limited [2021] KECA 872 (KLR)
- Court
- Court of Appeal
- Case number
- 872
- Citation
- [2021] KECA 872 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution from a ruling and order of the Environment and Land CourtCoramM.K. KOOME, ASIKE-MAKHANDIA, A. K. MURGOR
Holding
The motion is dismissed with costs to the respondent.
Facts
Kenya Wildlife Services Limited rented leased premises to Rhino Valley Lodge Limited for 20 years. The applicant fell into arrears and the respondent sought to terminate the lease, evict the applicant, and take possession of the leased premises. The applicant referred the dispute to arbitration and sought interim protection from eviction.
Issues
- Whether the applicant can appeal against a 'draft' ruling
- Whether the applicant can obtain a stay of execution pending the appeal
Reasoning
The applicant failed to satisfy the prerequisites necessary for a rule 5 (2) (b) application, and the intended appeal is not arguable.
Outcome
Dismissed with costs
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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