Quest Resources Limited v Japan Port Consultants Limited [2015] KEHC 6109 (KLR)
- Court
- High Court of Kenya
- Case number
- 6109
- Citation
- [2015] KEHC 6109 (KLR)
- Decided
- 12 March 2015
The Court held that the Defendant did not render the services envisaged under the contract and thus the Plaintiff is not entitled to judgment as prayed for.
Facts
The Plaintiff, Quest Resources Limited, filed a suit against the Defendant, Japan Port Consultants Limited, under a Project Cooperation Agreement dated 6th August 2010. The Defendant denied the claim and filed a counter-claim. The dispute arose due to a stalemate between the Defendant and the Government of Kenya (Ministry of Transport) over payments for a feasibility study on the LAPSSET project.
Issues
- Whether the Defendant rendered any services envisaged under the contract
- Whether the Plaintiff is entitled to judgment as prayed for
Reasoning
The Court found that despite the Defendant's claims, the Plaintiff did not receive the promised payments and the Defendant did not provide the services as per the contract.
Outcome
The Court dismissed the Plaintiff's claim and the Defendant's counter-claim.
Orders
- Dismissal of the Plaintiff's claim
- Dismissal of the Defendant's counter-claim
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