Movies for You Limited v Industrial & Commercial Development Corporation [2017] KEELC 3340 (KLR)
- Court
- Environment & Land Court
- Case number
- 3340
- Citation
- [2017] KEELC 3340 (KLR)
- Decided
- 24 January 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeArbitrationPostureApplication for setting aside arbitral awardCoramJudith Prakash, Mwera
Holding
The court set aside the arbitral award and dismissed the Plaintiff's application.
Facts
The Plaintiff, Movies for You Limited, sought an injunction against the Defendant, Industrial & Commercial Development Corporation, to prevent them from entering the suit property. The Plaintiff claimed that the Defendant failed to renew the lease and vacate the property as per the lease agreement.
Issues
- Arbitrator's failure to appoint assessors
- Arbitration award made contrary to court order
Reasoning
The court found that the arbitrator was not properly constituted as required by the lease agreement, and the award was made contrary to a court order.
Outcome
Set aside the arbitral award
Orders
- Set aside the Arbitral Award dated 18th July 2012 made by the sole Arbitrator, Mr. Steven GatembuKairu.
- Award Plaintiff's costs of the application.
Authorities cited
Legislation (2)
- Arbitration Act, 1995
- Civil Procedure Rules
Cases cited (4)
- GachohiMacharia& Another vs. KiaiMbaki and 2 others
- National Bank of Kenya Ltd. vs. Pipe Plastic Samkolit(K) Ltd.
- Prudential Printers Ltd. vs. Carton Manufacturers Limited
- Kenya Oil Company Limited & Another vs. Kenya Pipeline Company Limited
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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