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KENYA PIPELINE COMPANY LTD V KENYA OIL COMPANY LIMITED & ANOTHER [2010] KEHC 3125 (KLR)

[2010] KEHC 3125 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3125
Citation
[2010] KEHC 3125 (KLR)
Decided
20 April 2010
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a chamber summons filed by the 1st and 2nd RespondentsCoramH. M. OKWENGU
Holding

The application is incompetent and dismissed with costs

Facts

The Kenya Pipeline Company Ltd and Kenya Oil Company Ltd have a business relationship governed by a Transportation and Storage Agreement. A dispute arose concerning the management of the respondent's pipeline system and the use of the pipeline by the applicants. The parties referred the dispute to a single Arbitrator, who gave a final award.

Issues

  1. Whether the chamber summons filed by the 1st and 2nd Respondents is competent
  2. Whether the appeal filed by the Respondent is valid

Reasoning

The court finds the application incompetent due to the failure to comply with the procedural rules and the Arbitration Act.

Outcome

Appeal dismissed

Orders

  • The application is dismissed with costs

Authorities cited

Legislation (3)
  • Arbitration Act 1995
  • Civil Procedure Act
  • Civil Procedure Rules
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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