[2013] KEHC 6270 (KLR)

[2013] KEHC 6270 (KLR)

The court held that Section 7(1) of the Arbitration Act expressly allows parties to seek interim measures of protection from the High Court even where an arbitration agreement exists and arbitral proceedings are ongoing. The existence and invocation of an arbitration clause do not oust the jurisdiction of the High...

Source-derived case information.

Citation
[2013] KEHC 6270 (KLR)
Parties
Plaintiff: Leonard Munyua; Defendant: Valley Creek Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 July 2013
Case Number
Civil Suit 599 of 2012
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Judges
DW Mbuteti
Legal Topics
Arbitration Clauses, Interim Injunctive Relief, Jurisdiction of High Court
Source Language
english
Civil Procedure Commercial and Corporate Arbitration Clauses Interim Injunctive Relief Jurisdiction of High Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Leonard Munyua

Plaintiff

Valley Creek Ltd

Defendant

Procedural Posture

Civil Suit / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant interim relief where an arbitration clause exists and has been invoked.
  2. 2 Whether the preliminary objection based on the arbitration clause ousts the court's jurisdiction.

Ratio Decidendi

The court held that Section 7(1) of the Arbitration Act expressly allows parties to seek interim measures of protection from the High Court even where an arbitration agreement exists and arbitral proceedings are ongoing. The existence and invocation of an arbitration clause do not oust the jurisdiction of the High Court to grant such interim relief. The Defendant's preliminary objection, premised on the argument that the court lacked jurisdiction due to the arbitration clause, was therefore without merit. The court overruled the preliminary objection and awarded costs to the Plaintiff.

Court Disposition

preliminary objection overruled

Orders

  • The preliminary objection is overruled with costs to the Plaintiff.