Mohawk Limited v Leo Investments Limited [2009] KEHC 2102 (KLR)
- Court
- High Court of Kenya
- Case number
- 2102
- Citation
- [2009] KEHC 2102 (KLR)
- Decided
- 13 July 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a lower court's order staying an arbitrationCoramKhaminwa, Kihara, Kihara Kariuki
Holding
The defendant's application is dismissed with costs
Facts
A building contract was made between Mohawk Limited and Leo Investments Limited. Disputes arose, leading to a suit and an application for interim injunction. The defendant sought a stay of the enforcement of a consent order appointing an arbitrator.
Issues
- Whether the consent order can be set aside
- Whether the court has jurisdiction to hear the application while arbitration proceedings are pending
Reasoning
The court found that the defendant's mistake was not mutual and that the issues raised were to be placed before the arbitrator. The court also ruled that the application cannot be made before the court while arbitration proceedings are pending.
Outcome
Dismissed with costs
Authorities cited
Legislation (1)
- Arbitration Act
Cases cited (2)
- Tropical Food Products International Limited vs. The Eastern and Southern African Trade and Development Bank (the PTA Bank)
- Solle v Butcher
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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