Tectura-International Limited v Kenyatta National Hospital (? 1624 of 2002) [2003] KEHC 587 (KLR) (12 March 2003)
- Court
- High Court of Kenya
- Case number
- 587
- Citation
- [2003] KEHC 587 (KLR)
- Decided
- 12 March 2003
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Interim OrderCoramK. H. RAWAL
Holding
Application for temporary injunction is not allowed
Facts
There was a contract between Tectura-International Limited and Kenyatta National Hospital. The Respondent issued a Notice of termination citing failure to take actions towards prudent deployment of finances and timeous completion of the project. The Applicant declared a technical dispute and named two Quantity Surveyors as sole Arbitrator. The Respondent terminated the services citing the Architects and Quantity Surveyors Act.
Issues
- Validity of termination of consultancy services
- Grant of temporary injunction
Reasoning
The Applicant failed to follow the agreed procedure for arbitration and the balance of convenience is not in favor of the applicant. The project is of public interest and should not be stalled.
Outcome
Application dismissed
Orders
- Application for interim order dismissed
Authorities cited
Legislation (1)
- Architects and Quantity Surveyors Act (Cap 525)
Cases cited (2)
- Law and Practice of Commercial Arbitration in England
- Heyman V. Darwin Ltd (1942) A.C. 356
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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