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Babs Security Limited v Geothermal Development Limited [2014] KEHC 2187 (KLR)

[2014] KEHC 2187 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2187
Citation
[2014] KEHC 2187 (KLR)
Decided
27 October 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureAppeal from an original trial judgmentCoramF. GIKONYO
Holding

The court grants an interim measure of relief by way of a temporary order of stay of the termination notice for a limited period of ninety days.

Facts

The Plaintiff, Babs Security Limited, had contracted with the Defendant, Geothermal Development Limited, for security services. The Defendant issued a termination notice, leading to a dispute over the contract's validity and the Plaintiff's investment.

Issues

  1. Whether to grant an injunction to restrain the Defendant from terminating the contract
  2. Whether the Plaintiff will suffer irreparable harm if the injunction is not granted

Reasoning

The court found an enforceable arbitration agreement and considered the Plaintiff's investment and potential for multiple labour actions, but decided to grant the injunction due to the nature of the contract and the interest of justice.

Outcome

The court grants an interim injunction.

Orders

  • Temporary stay of the termination notice for a period of ninety days

Remedies

  • Damages undertaking from the Plaintiff

Authorities cited

Legislation (2)
  • Arbitration Act
  • Inherent powers of the court
Cases cited (2)
  • GIELLA v CASSMAN BROWN
  • SULEIMAN v AMBOSELI RESORT LTD
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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