Mae Properties Limited v Subash Chander Kohli & another [2016] KECA 431 (KLR)
- Court
- Court of Appeal
- Case number
- 431
- Citation
- [2016] KECA 431 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the dismissal of an application and allowance of a preliminary objectionCoramALNASHIR VISRAM, W. KARANJA, P. M. MWILU
Holding
The appeal is dismissed with costs to the respondents
Facts
The appellant filed a suit seeking a declaration that the respondents were trustees for the appellant in respect of eight properties and an order for the transfer of the said properties back to the appellant. The suit was referred to arbitration, and an award was made by the arbitrator dismissing the suit.
Issues
- Whether the award was severable under Order XLV rule 15
- Whether the court could enter judgment on the remaining part of the award after setting aside the entire award
Reasoning
The court held that the preliminary objection raised pure points of law and that the court lacked jurisdiction to consider any other issues raised in the matter.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- The Owners of the Motor Vessel Lilian 'S' v. Caltex Kenya Limited [1989] KLR 1
- Mukhisa Biscuits case
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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