WORLD DUTY FREE COMPANY LIMITED T/A KENYA DUTY FREE COMPLEX v KENYA AIRPORTS AUTHORITY & 2 OTHERS [2007] KEHC 2863 (KLR)
- Court
- High Court of Kenya
- Case number
- 2863
- Citation
- [2007] KEHC 2863 (KLR)
The plaintiff's suit is struck out for being premature
Facts
The plaintiff filed a suit against the defendants alleging breach of an agreement dated 27th April, 1989 as amended by the 11th May 1990 between the plaintiff and the Government of Kenya regarding the Duty Free complex at Jomo Kenyatta International Airport Nairobi and Moi Airport Mombasa. The 1st defendant offered to refer the dispute to arbitration but failed to select any arbitrator.
Issues
- Whether the plaintiff's suit was premature
- Whether the defendants had locus standi to attack the plaint
Reasoning
The court ruled that the legislative provisions are not for cosmetic value but to regulate conduct and should be obeyed. The procedure under Section 33(1) of the Kenya Airports Authority Act is a special and independent procedure not linked to the procedure under the Kenya Arbitration Act.
Outcome
The plaintiff's suit is struck out
Orders
- The plaintiff's suit dated 27.6.2006 and filed on 27.6.2006 be and is hereby ordered to be struck out for being premature with costs to the defendants
Authorities cited
Legislation (2)
- Kenya Airports Authority Act Cap.395 Laws of Kenya
- Arbitration Act
Cases cited (1)
- GIANT HOLDINGS LTD VERSUS KAA NAIROBI HCCC 694 OF 2003
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