KILIMANJARO SAFARI CLUB LIMITED v COUNTY COUNCIL OF OLKEJUADO & ANOTHER [2007] KEHC 3240 (KLR)
- Court
- High Court of Kenya
- Case number
- 3240
- Citation
- [2007] KEHC 3240 (KLR)
- Decided
- 15 February 2007
The Court finds that there is a dispute within the meaning of the lease agreement and grants preservatory orders against the First Respondent for a period of three months, subject to the Applicant depositing Shs.37,433,314 in Court.
Facts
The Applicant and First Respondent entered into a lease agreement for a safari lodge and tented camp. Four years into the lease, the First Respondent entered into a new lease with a second respondent for the same land, which the Applicant claims breaches the terms of its lease.
Issues
- Whether the breach of the lease by the First Respondent constitutes a dispute within the meaning of the lease agreement
- Whether the Applicant can obtain preservatory orders pending arbitration
Reasoning
The Court acknowledges the urgency of the matter and the importance of the tourism sector. The Applicant's breach of rent obligations is noted, but the Court grants the injunction with a condition.
Outcome
The Court grants preservatory orders against the First Respondent pending arbitration.
Orders
- Preservatory orders against the First Respondent for a period of three months
- Condition: Applicant must deposit Shs.37,433,314 in Court within 30 days, with Shs.5,000,000 deposited by 16th February, 2007
Remedies
- Preservatory orders pending arbitration
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