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Kleenway Contracts Limited v Kenya Airport Authority [2016] KEHC 1103 (KLR)

[2016] KEHC 1103 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1103
Citation
[2016] KEHC 1103 (KLR)
Decided
13 October 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAction to Set Aside Contract TerminationPostureAppeal from a previous judgment striking out the Plaintiffs' suitCoramF. TUIYOTT
Holding

The Plaintiffs' suit is struck out

Facts

The Kenya Airport Authority (KAA) terminated a Cleaning Services Contract with Kleenway Contracts Limited (KCL) in breach of the contract's terms, leading KCL to sue for a declaration that the termination was null and void, a mandatory injunction, and damages.

Issues

  1. Whether the Plaintiffs' suit is a nullity and should be struck out
  2. Whether the Plaintiffs are entitled to a mandatory injunction and damages

Reasoning

The Court found that the Plaintiffs' suit is a nullity and should be struck out due to the improper filing of the Plaint and the Chamber Summons, and the breach of the contract by KAA.

Outcome

The Plaintiffs' suit is struck out

Orders

  • The Plaintiffs' suit is struck out
  • Each party shall bear its own costs for the Application and the entire Suit
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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