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Samura Engineering Limited v. Don Woods Limited

(2019) JELR 95023 (CA)

Court of Appeal  •  Civil Appeal 14 of 2015  •  20 Dec 2019  •  Kenya

Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia



The appeal arises from the Ruling of the High Court F. Gikonyo, J, dated 30th September, 2014.

The background to the appeal is that, the appellant and the respondent entered into a standard building sub-contract dated 11th November, 2002 for the installation of a PAXB Machine and related equipment to the then proposed Kenya Pipe Line Company Limited headquarters at Nairobi Terminal for a contract amount of Kshs. 14,235,815. The contract contained an arbitration Clause 35 which provided inter alia, that in the event of any dispute arising with regard to the execution of the sub-contract, the dispute would be referred for arbitration by an arbitrator mutually agreed upon by the disputing parties, failing which by an arbitrator appointed at the request of either party by the Chairman for the time being of the Architectural/Association of Kenya.

The appellant declared existence of a dispute between them and by a letter dated 14th July, 2008 when it drew the respondent’s…

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