Wer Gmbh v Kenya Airports Authority [2020] KEHC 3973 (KLR)
- Court
- High Court of Kenya
- Case number
- 3973
- Citation
- [2020] KEHC 3973 (KLR)
The Defendant's application for stay of proceedings is partly upheld and partly dismissed. The Defendant shall pay the Plaintiff Ksh 12,554,781 as admitted by the Defendant in the Minutes of the Meeting of 15th February 2019 with interest at Court rates and costs. The Court grants stay of proceedings and orders the dispute(s) referred to Arbitration as per the Arbitration Clause/Agreement in the parties' contract(s).
Facts
The Plaintiff filed a suit seeking payment of a sum of Euros One Million Three Hundred and Eighty-One Thousand, Five Hundred and Thirteen and Seventy-one cents, related to a contract for Plant Design, Supply and Installation of Interim Passenger Emergency Terminal Facilities at Jomo Kenyatta International Airport.
Issues
- Jurisdiction of the Court to hear the dispute
- Dispute resolution mechanism provided for in the contract
Reasoning
The Court considered the Arbitration Agreements/Clauses on the dispute resolution mechanism chosen by the parties to the Contracts and found them valid and capable of performance. The Court also considered the dispute(s) arising from the Contract.
Outcome
Appeal Granted
Orders
- Stay of proceedings and order the dispute(s) referred to Arbitration
- Certified copies of the Ruling and proceedings granted
- Leave to appeal granted, stay of execution for 30 days
Remedies
- Payment of Ksh 12,554,781 with interest and costs
- Stay of proceedings and referral to Arbitration
Authorities cited
Legislation (2)
- Arbitration Act 1995
- Arbitration Rules 1997
Cases cited (2)
- Nanchang Foreign Engineering Co (K) Ltd vs Easy Properties Kenya Ltd HCCC 487 of 2013
- Clearspan Construction (A) Limited vs East African Gas Co. Ltd [2008] eKLR
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