Mehta Electrical Limited & 4 others v N.K. Brothers Limited & another [2005] KEHC 2865 (KLR)
- Court
- High Court of Kenya
- Case number
- 2865
- Citation
- [2005] KEHC 2865 (KLR)
- Decided
- 18 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePosturePreliminary Objection to Chamber SummonsCoramMARY KASANGO
Holding
The plaintiff's preliminary objection is dismissed with costs awarded to both defendants.
Facts
The 1st Plaintiff filed a civil suit against the 1st and 2nd Defendants. The 2nd Defendant sought a stay of proceedings pending arbitration. The 1st Plaintiff raised a preliminary objection.
Issues
- Whether the 2nd Defendant's defense admitting jurisdiction can now deny the same.
- Whether the court has exclusive jurisdiction over the matter.
Reasoning
The court found that the preliminary objection was not on point of law and the facts were not in dispute. The court concluded that the issue of jurisdiction is not suitable for a preliminary objection and that the plaintiff will not be entitled to raise the issue again at the main hearing.
Outcome
Dismissed
Orders
- Preliminary objection dismissed with costs awarded to both defendants.
Authorities cited
Legislation (1)
- Arbitration Act Cap 49
Cases cited (5)
- EAST AFRICAN POWER AND LIGHTING COMPANY LTD V KILIMANJARO CONSTRUCTION LTD (1983) KLR 392
- AGIP (K) LTD V KIBUTU (1981) KLR 20
- NAIROBI GOLF HOTELS (K) LTD AND LALJI BHIMJI SANGHANI BUILDERS AND CONTRACTORS CIV. APP. NO 5 OF 1997
- ESMAILJI V MISTRY SHAMJI LALJI & CO (1984) KLR 150
- OMINO V LACJI MEGHJI PATEL & COL LTD (1995 – 1998) I E.A. 264
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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