SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

National Oil Corporation v Al-Busaidy & 3 others (Civil Appeal 77 of 2018) [2022] KECA 79 (KLR) (4 February 2022) (Judgment)

[2022] KECA 79 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
79
Citation
[2022] KECA 79 (KLR)
Decided
4 February 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decree and orders of the Environment and Land CourtCoramR. N. NAMBUYE, W. KARANJA, A. K. MURGOR
Holding

The lease had not expired, and the 3rd and 4th respondents had paid mesne profits up to 2007. The appellant is ordered to vacate the suit property within 60 days.

Facts

The 1st and 2nd respondents sued the 3rd and 4th respondents and the appellant for breach of lease agreement, seeking declaration of breach, eviction, mesne profits, and damages.

Issues

  1. Whether the lease agreement had expired
  2. Whether the 3rd and 4th respondents had paid mesne profits

Reasoning

The court found that the lease had not expired and that the 3rd and 4th respondents had paid mesne profits up to 2007. The appellant is ordered to vacate the property.

Outcome

Appeal dismissed with costs to the 1st and 2nd respondents, and the appellant ordered to vacate the suit property within 60 days.

Orders

  • Eviction order/vacant possession of the suit property

Remedies

  • Eviction order
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.
Full judgment 0.3 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case