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Niazsons (K) Ltd v. China Road & Bridge Corporation Kenya

(2001) JELR 98434 (CA)

Court of Appeal  •  Civil Appeal 157 of 2000  •  2 Mar 2001  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Tunoi, Bosire and O’Kubasu JJ A)

CIVIL APPEAL NO 157 OF 2000

NIAZSONS (K) LIMITED ............................................... APPELLANT

VERSUS

CHINA ROAD and BRIDGE CORPORATION (KENYA)..........RESPONDENT

(Appeal from the r uling of the High Court of Kenya at Nairobi

(Justice Onyango Otieno) dated 15th April, 1999 in

HCCC No 126 of 1999)

JUDGMENTS

Bosire JA. Niazsons (K) Limited, the appellant, was sub-contracted by China Road and Bridge Corporation (Kenya), the respondent, to execute road works on a 52 km stretch of the Garsen-Hola Road at an agreed contract price of Kshs 473,665,086.10 and other mutually agreed terms which were reduced into writing. Among those terms is clause T, which provides thus:

"T Arbitration

(a) All disputes and differences in connection with this subcontract and with the execution thereof, shall be first settled between the contractor and subcontractor by friendly and amicable negotiation. If no settlement can thus be reached…

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