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KENYA CASEMENTS LIMITED v. IDEAL CASEMENTS LIMITED…………..

(1984) JELR 100348 (CA)

Court of Appeal  •  civil misc appl 16 of 84[1]  •  17 Apr 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

RULING OF THE COURT

During the course of this application by the Respondent to the Originating Summons which came before the High Court in July and November of last year, to stay the execution of the Ruling by Porter J of 23rd November, 1983, Mr Nagpal, for the Respondent to this application, has taken a preliminary objection which, he says, goes to the jurisdiction of this Court. He says we cannot, in the circumstances of this case, make any order of a stay, which could, in any event, only be under Rule 5 of this Court’s Rules (Cap 9), as recently amended.

Mr Nagpal has argued that there was no issue before Porter J as to whether the arbitration was competent under Clause 16 of the original agreement between the parties, or as to whether it should proceed. The only issues before the Judge were the application for the injunction, which Nyarangi J (as he then was) had granted ex parte on the 29th July 1983, and which the Respondent sought to continue when the matter came before Porter J,…

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