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Midland Finance & Securities Globetel Inc v Attorney General & another [2008] KEHC 3905 (KLR)

[2008] KEHC 3905 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3905
Citation
[2008] KEHC 3905 (KLR)
Decided
10 July 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeArbitrationPosturePetitioners filed a petition seeking to have the contract declared invalid and to stay the proceedings in the criminal case initiated by the respondents.CoramJ.G. NYAMU
Holding

The contract is valid and the dispute is arbitrable. The place of arbitration will be determined by the UNCITRAL Rules or the Arbitral tribunal.

Facts

Petitioners and the Government of Kenya entered into a contract for the supply of telecommunication equipment. The Government declined to pay for the equipment after making an initial deposit. The Government contracted Price Waterhouse Coopers (PWC) to conduct forensic investigations into the contract.

Issues

  1. Validity of the contract
  2. Arbitration clause
  3. Place of arbitration

Reasoning

The court found that the contract was valid and that the dispute was arbitrable. The place of arbitration will be determined by the UNCITRAL Rules or the Arbitral tribunal.

Outcome

The petition was dismissed.

Authorities cited

Legislation (2)
  • Arbitration Act of Kenya 1995
  • Anti Corruption and Economic Crime Act, 2003
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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