Kenyatta International Convention Centre v Greenstar Systems Limited [2019] KECA 925 (KLR)
- Court
- Court of Appeal
- Case number
- 925
- Citation
- [2019] KECA 925 (KLR)
- Decided
- 22 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to appeal from the High Court's rulingCoramP. N. WAKI, M. WARSAME, A. K. MURGOR
Holding
The application for leave to appeal is dismissed with costs.
Facts
KICC and Greenstar Systems Limited signed an agreement for refurbishment and customization of six floors of the KICC Tower Block Offices. The amount payable was Kshs.76,320,500. The works were completed, but KICC had only paid Ksh.10 million. KICC filed a motion to set aside the award, but the High Court dismissed the application due to untimeliness.
Issues
- Whether the High Court's decision to dismiss the application for setting aside the award was correct.
- Whether the applicant's counterclaim for refund of Ksh.10 million was valid.
Reasoning
The High Court's decision to dismiss the application was upheld as it was filed out of time and there was no provision for extension of time in Arbitration matters. The applicant's counterclaim was also dismissed.
Outcome
Application dismissed
Orders
- Application for leave to appeal dismissed with costs.
Authorities cited
Legislation (2)
- Arbitration Act
- Public Procurement and Disposal Act, 2005
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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