YOOSHIN ENGINEERING CORPORATION V. AIA ARCHITECTS LIMITED

RULING OF THE COURT

1. By an application dated 8th October, 2019, Yooshin Engineering Corporation, the applicant, seeks stay of execution of the ruling and subsequent orders and directions issued in Mombasa HCCC No. 26 of 2019 on 23rd September, 2019 by P.J.O. Otieno, J. and all subsequent proceedings, pending hearing and determination of an intended appeal.

2. The background to this application may be summarized as follows: the applicant and the respondent entered into a sub-consultancy agreement dated 18th August, 2017 in respect of construction of the Lamu Port South Sudan Ethiopia Corridor Project (LAPSSET).

3. On 4th May, 2019 the applicant issued a notice of termination of the sub-consultancy agreement, due to alleged breach of contract by the respondent.

4. The respondent filed a suit challenging the termination of the sub-consultancy agreement, among other reliefs. The respondent also filed an application dated 8th May, 2019 seeking several interlocutory orders, including an order…