ENGINERING MANUFACTURERS LIMITED v MARSHALL-FOWLER (ENGINEERS) LIMITED [2006] KEHC 771 (KLR)
- Court
- High Court of Kenya
- Case number
- 771
- Citation
- [2006] KEHC 771 (KLR)
- Decided
- 16 November 2006
The court finds no reason why the orders sought by the plaintiff should not be granted as prayed. The case shall proceed by way of affidavit evidence on record, be heard in Nairobi for one day, and the costs of the chamber summons dated 30th of May 2006 shall be in the cause.
Facts
The plaintiff, Engineering Manufacturers Limited, sought directions for the conduct of an Originating Summons. The application was supported by an affidavit of the Managing Director of the plaintiff's company, which stated that it would be reasonable and expedient to proceed with the hearing of the originating summons on the basis of the affidavits already on record. The supporting affidavit had annexed documents in issue, including contractual agreements and arbitral clauses. The present action sought the court's determination on whether the applicant and the defendant agreed to refer the dispute to arbitration and whether the dispute was liable for arbitration.
Issues
- Whether the applicant and the defendant agreed to refer the dispute to arbitration.
- Whether the dispute was liable for arbitration.
Reasoning
The court rejected the request for cross examination of the deponent of the affidavit in support of the application. The court found that the defendant did not file an affidavit in response to the application showing why it was necessary for the court to give an order for cross examination of the deponent. The court therefore granted the orders sought by the plaintiff.
Outcome
The plaintiff's application was granted.
Orders
- This case shall proceed by way of affidavit evidence on record.
- This case shall be heard in Nairobi for one day.
- The costs of the chamber summons dated 30th of May 2006 shall be in the cause.
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