Areva T & D India Limited v Priority Electrical Engineers Limited & another [2009] KECA 27 (KLR)
- Court
- Court of Appeal
- Case number
- 27
- Citation
- [2009] KECA 27 (KLR)
- Decided
- 11 December 2009
The court grants the stay of the proceedings pending the hearing and determination of the intended appeal
Facts
The applicant, Areva T & D India Limited, was awarded a contract by Kenya Power and Lighting Company Ltd. to reinforce and upgrade the electricity distribution network. PEE, Priority Electrical Engineers Limited, filed a lawsuit against the applicant, seeking an injunction to prevent the applicant from awarding the sub-contract to Empower Installation Contractors Ltd.
Issues
- Whether the superior court had jurisdiction to entertain the suit
- Whether the superior court's order on the venue of the arbitral proceedings was correct
Reasoning
The court agrees with the applicant that the superior court's jurisdiction to entertain the suit is arguable, and that the intended appeal is arguable. The court also finds that the applicant will be compelled to enter into an arbitration in a manner not contemplated in its agreement with PEE, and in violation of the agreement.
Outcome
The court grants the stay of the proceedings
Orders
- Stay of the proceedings pending the hearing and determination of the intended appeal
Authorities cited
Cases cited (4)
- Section 6 (1) of the Arbitration Act
- Rule 2 of the Arbitration Rules 1997
- Shashi C. Patel vs. Damayanti Narin Shah and Another – Civil Application No. Nai. 236 of 2006 (UR. 131/2006)
- The Owners of the Motor Vessel “Lillians” vs. Caltex Oil (Kenya) Ltd. [1998] KRL 1
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