Pan Africa Builders & Contractors Ltd v National Social Security Fund Board of Trustees [2006] KEHC 3051 (KLR)
- Court
- High Court of Kenya
- Case number
- 3051
- Citation
- [2006] KEHC 3051 (KLR)
- Decided
- 27 March 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitration DisputePosturePreliminary objection dismissedCoramNyamu
Holding
The court finds that there is an arbitration agreement between the parties and dismisses the preliminary objection.
Facts
The Plaintiff and Defendant had a contract with an arbitration clause, but the Defendant did not sign it. The Plaintiff sought interim relief based on the arbitration agreement.
Issues
- existence of arbitration agreement
- court's jurisdiction to appoint arbitrator
Reasoning
The court relies on Nyamu J's ruling in HCCC No.32 of 2002, which found an arbitration agreement between the parties. The court also refers to Section 7 of the Civil Procedure Act, stating that the question of the existence of the arbitration agreement has been decided in a previous case.
Outcome
Preliminary objection dismissed
Authorities cited
Legislation (2)
- Arbitration Act 1995
- Civil Procedure Act
Cases cited (2)
- Nyamu J's ruling in HCCC No.32 of 2002
- Section 7 of the Civil Procedure Act
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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