Step Up Holdings (K) Ltd v Mt. Kenya University [2021] KEHC 7552 (KLR)
- Court
- High Court of Kenya
- Case number
- 7552
- Citation
- [2021] KEHC 7552 (KLR)
- Decided
- 29 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous interlocutory judgment
Holding
The interlocutory judgment is upheld, and the applicant's appeal is dismissed.
Facts
The applicant entered an interlocutory judgment on 17th October 2011, but later sought to refer the matter to arbitration. The court denied this request and the applicant appealed. The Court of Appeal upheld the decision.
Issues
- Whether the interlocutory judgment entered on 17th October 2011 should be set aside
- Whether the applicant's appeal should be allowed
Reasoning
The court found that the interlocutory judgment was lawfully entered and that the applicant had not raised a triable issue on the merits.
Outcome
Appeal dismissed
Orders
- Stay of execution of the interlocutory judgment pending the determination of the application
- Set aside the interlocutory judgment and grant leave to defend the case
Remedies
- Costs of Kshs. 200,000 to be paid by the applicant to the respondent in default of payment
- The respondent to have the costs of the application
Authorities cited
Cases cited (1)
- PATEL V. E A CARGO HANDLING SERVICES LTD (1974) E.A. 75
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.
Loading judgment…