Lavington Security Limited v Essar Telecom Kenya Limited [2013] KEHC 2148 (KLR)
- Court
- High Court of Kenya
- Case number
- 2148
- Citation
- [2013] KEHC 2148 (KLR)
- Decided
- 20 September 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeArbitration DisputePostureInterlocutory Motion for InjunctionCoramJ.B.Havelock
Holding
The Court dismisses the Defendant's Preliminary Objection and grants the Plaintiff's application for an interim injunction.
Facts
The Plaintiff, Lavington Security Limited, filed a Notice of Motion seeking an injunction to prevent the Defendant, Essar Telecom Kenya Limited, from terminating a contract dated 6th July 2009. The Plaintiff claimed irreparable loss and damages if the contract was terminated without proper notice.
Issues
- Jurisdiction of the Court to grant interim injunction
- Incompatibility of arbitration agreement with court proceedings
Reasoning
The Court finds that the Plaintiff has jurisdiction to seek an interim injunction under Order 40 Rule 2 and section 7(1) of the Arbitration Act. The arbitration agreement does not preclude the Plaintiff from seeking interim relief from the Court.
Outcome
Injunction granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Arbitration Act, 2010
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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