China Young Tai Engineering Co Ltd v L G Mwacharo T/A Mwacharo & Associates & another [2015] KEHC 6771 (KLR)
- Court
- High Court of Kenya
- Case number
- 6771
- Citation
- [2015] KEHC 6771 (KLR)
- Decided
- 26 January 2015
The court granted the application for interim measure of protection under section 7 of the Arbitration Act, restraining the 2nd Defendant from selling or disposing of the suit property pending determination of the arbitral proceedings.
Facts
The Plaintiff, China Young Tai Engineering Co Ltd, seeks an injunction to restrain the 2nd Defendant, RAVASAM Development Co Ltd, from selling or disposing of land known as Elysee Plaza L.R. NO 2/186 pending determination of the arbitral proceedings.
Issues
- Was there a valid contract between the parties?
- Was there a breach of the said contract by the Plaintiff?
- Was the contract terminated by the 2nd Defendant?
- Is the 2nd Defendant entitled to damages?
Reasoning
The court considered the Applicant's claim for an interim injunction to protect the suit property under section 7 of the Arbitration Act and the 2nd Defendant's potential to obstruct or delay execution of a decree against them under order 40 rule 1(b) of the Civil Procedure Rules. The court found that the Applicant did not satisfy the threshold for an interim injunction and thus denied the application.
Outcome
Denied
Orders
- Interim injunction restraining the 2nd Defendant from selling or disposing of the suit property pending determination of the arbitral proceedings.
Authorities cited
Legislation (2)
- Arbitration Act
- Civil Procedure Rules
Cases cited (1)
- Elizabeth Chebet Ochardson vs. Cina Sichun Corporation for Techno-Economic Corporation & Another
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