Draft and Develop Engineers Ltd v National Water Conservation and Pipeline Corporation [2014] KEHC 6663 (KLR)
- Court
- High Court of Kenya
- Case number
- 6663
- Citation
- [2014] KEHC 6663 (KLR)
- Decided
- 25 February 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the Court of Appeal, review of the trial court's ordersCoramMugo, Musinga
Holding
The Court dismisses the Defendant's Notice of Motion with costs to the Plaintiff.
Facts
The Plaintiff and Defendant entered into a contract for the construction of the Umaa Dam and associated works. The Defendant filed a Notice of Motion seeking to review the Court's orders and substitute them with similar wording.
Issues
- Review of the Court's orders
- Termination of the contract due to breach of performance bond
Reasoning
The Court finds that the Defendant has filed an appeal to the Court of Appeal, and thus the Application should not be entertained. The parties have chosen arbitration as a means to resolve disputes, and the arbitral process is ongoing.
Outcome
Dismissal of the Notice of Motion
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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