EPCO BUILDERS LIMITED v GEOMAPS AFRICA LIMITED [2007] KEHC 3552 (KLR)
- Court
- High Court of Kenya
- Case number
- 3552
- Citation
- [2007] KEHC 3552 (KLR)
- Decided
- 5 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of suit and referral to arbitrationCoramLESIIT, J
Holding
The application is dismissed with costs as the Applicant has failed to adduce evidence of a dispute or difference between them and the Respondent which should be referred to arbitration.
Facts
EPCO Builders Limited filed a suit against Geomaps Africa Limited. Geomaps Africa Limited applied for a stay of the suit and referred the dispute to arbitration.
Issues
- Whether the suit should be stayed and the dispute referred to arbitration.
- Whether the Applicant (EPCO Builders Limited) has complied with the pre-conditions of clause 45.3 of the Agreement and Section 6 of the Arbitration Act.
Reasoning
The court found that the Applicant did not raise the issue of a dispute within the 90-day period as required by clause 45.3 of the Agreement and did not comply with the pre-conditions set in the Agreement.
Outcome
Application dismissed
Orders
- Application dismissed with costs.
Authorities cited
Legislation (2)
- Arbitration Act 1995
- Agreement and Conditions of Contract for Building Works
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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