Delamere Estate Faces Legal Storm Amid Property Destruction Allegations
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The owners of Delamere Estate have been accused of destroying property belonging to an American businesswoman.
Jacqueline Mack through the firm of Kimani and Muchiri LLP on October 26 wrote to Delamere asking them to desist from forcibly taking over and vandalizing the property.
“We are informed that you have without any color of right unlawfully and forcibly entered and occupied our client’s premises and in the process thereof threatened to harm its employees and vandalized and stolen its property. Your actions amounting to trespass and constructive eviction of our client in flagrant breach of the law,” read the demand letter in part.
Mawe Mbili Company warned that continued interference will result to immediate legal action taken against Delamere Estate.
Delamere Estate staff were captured removing water tanks and ferrying them to an unknown destination.
“Accordingly, our instructions are to hereby demand as we hereby do that you cease from interfering, trespassing, threatening to evict, evicting and/or in any manner interfering with our client’s quiet possession of the parcel title number IR 14793/33 take further notice that failure to comply with the foregoing demand will result in immediate legal action, both civil and criminal, being taken out against you without any further notice to you and your detriment as to costs and antecedent consequences,” continued the letter.
Jacqueline in 2019 sued owners of the Delamere Estate for prematurely terminating a lease agreement for a 262-hectare piece of land. She said that Hugh Cholmondeley and Philip Coulson, the estate owners, illegally issued a notice to terminate the lease on November 28, 2018.
Mawe Mbili operates the Sleeping Warrior Lodge in Naivasha, situated on the contested land.
Through her company, Mawe Mbili Ltd, Damon wanted Delamere Estate stopped from trashing the lease agreement.
Mawe Mbili Ltd took ownership of the land on May 27, 2008. The lease agreement was prepared on July 6, 2007. The deal was to run for 35 years.
On March 11, 2017, the Sleeping Warrior Lodge experienced a fire accident, with 90 per cent of the campsite being razed, which left her counting losses.
She said it was after this incident that Delamere Estate started demanding the termination of the lease agreement.
A proposal to construct a tented camp within our sanctuary on September 19, 2017 she said was declined.
Mr Coulson on behalf of Delamere Estate, agreed that there was a lease agreement running for 35 years.
He, however, claimed that since the fire incident, the campsite has never been reconstructed and no business was going on. Therefore, the value of the site continues to depreciate.
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