DYNCORP INTERNATIONAL LLC V TRAX CONSTRUCTION LTD [2012] KEHC 5924 (KLR)
- Court
- High Court of Kenya
- Case number
- 5924
- Citation
- [2012] KEHC 5924 (KLR)
- Decided
- 25 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Local Arbitration Tribunal to the High CourtCoramD A ONYANCHA
Holding
The appeal will be heard by a single judge based on the written submissions.
Facts
The appeal was filed in the Civil Division of the High Court on 31st March, 2009. The parties agreed to proceed with written submissions and the appeal was fixed for a date for judgment on 5th March, 2012. The Appellant requested the appeal to be heard by a two-judge bench.
Issues
- Whether the appeal should be heard by a single judge or a two-judge bench.
- Whether the Appellant's request to transfer the appeal to the Commercial Division was valid.
Reasoning
The Chief Justice's power to direct a two-judge bench is limited to a few cases. The appeal was fully argued by written submissions and the Appellant did not argue that a single judge has no jurisdiction. The Appellant did not raise the issue of the bench during the taking of directions.
Outcome
The appeal was heard by a single judge.
Orders
- The parties take a date for judgment based on the already written, filed and served written submissions.
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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