Congress Rental South Africa v Kenyatta International Convention Centre [2016] KEHC 1153 (KLR)
- Court
- High Court of Kenya
- Case number
- 1153
- Citation
- [2016] KEHC 1153 (KLR)
- Decided
- 10 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitration DisputePostureAppeal from a decision to dismiss an application for interim measures and to award costsCoramF. TUIYOTT
Holding
The dispute is subject to arbitration and the Plaintiff's application for interim measures is dismissed. The Plaintiff is ordered to pay the Defendant's costs.
Facts
The Plaintiff sought an interim injunction and damages for breach of contract, while the Defendant sought to refer the matter to arbitration.
Issues
- Whether the dispute is subject to arbitration
- Whether the Plaintiff's application for interim measures was properly brought
Reasoning
The Court accepted that the dispute is subject to arbitration and that the Plaintiff's application for interim measures was not properly brought, as it proceeded on the basis that the Arbitration clause did not apply.
Outcome
Appeal dismissed
Orders
- The Plaintiff's application for interim measures is dismissed
- The Plaintiff is ordered to pay the Defendant's costs
Remedies
- Costs to the Defendant
Authorities cited
Legislation (1)
- Civil Procedure Act
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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