Makwata Construction and Engineering Company Limited v Limuru Girls High School [2016] KEHC 27 (KLR)
- Court
- High Court of Kenya
- Case number
- 27
- Citation
- [2016] KEHC 27 (KLR)
- Decided
- 24 November 2016
The court dismisses the application for a mandatory injunction and sets aside the judgment, but grants a temporary stay of execution to allow the school to propose a less disruptive way to satisfy the decree.
Facts
A dispute arose between Makwata Construction and Engineering Company Limited and Limuru Girls High School regarding a building contract from February 2, 2005. The dispute was referred to arbitration, and an award was made in favor of Makwata Construction. The award was later set aside due to lack of prosecution, but the parties continued to litigate.
Issues
- Abuse of court process
- Execution process contravenes civil procedure rules
- Public school disruption
- Legal capacity of the school
Reasoning
The court finds that the applicant is liable for the award and that the execution would cause hardship to the school. The court dismisses the application but allows the school to propose a less disruptive way to satisfy the decree.
Outcome
Application dismissed with costs, temporary stay of execution granted.
Orders
- Temporary stay of execution to allow the school to propose a less disruptive way to satisfy the decree.
- If the school fails to provide an acceptable proposal, execution will proceed.
Remedies
- Temporary stay of execution
Authorities cited
Legislation (2)
- Arbitration Act, 1995
- Civil Procedure Rules
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