Case ID:160630
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Comroad Construction & Equipment Limited v Iberdrola Engineering & Construction Company [2020] eKLR
Case Metadata
Case Number:
Civil Case 579 of 2014
Parties:
Comroad Construction & Equipment Limited v Iberdrola Engineering & Construction Company
Date Delivered:
28 Apr 2020
Case Class:
Civil
Court:
High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Case Action:
Ruling
Judge(s):
Francis Tuiyott
Citation:
Comroad Construction & Equipment Limited v Iberdrola Engineering & Construction Company [2020] eKLR
Court Division:
Commercial Tax & Admiralty
County:
Nairobi
Case Outcome:
Application allowed with costs
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MILIMANI LAW COURTS
HCCC NO. 579 OF 2014
COMROAD CONSTRUCTION & ……………..………............. PLAINTIFF
EQUIPMENT LIMITED
VERSUS
IBERDROLA ENGINEERING & …………………….………. DEFENDANT
CONSTRUCTION COMPANY
RULING
1. The Notice of Motion dated 17
th
June 2019 is for allowing. It seeks the discharge of Orders made herein on 2
nd
July 2015 and issued on 9
th
July 2015.
2. A deposit of substantial amounts of money was ordered to be made pending the hearing and determination of this suit.
3. The dispute between the parties was referred to Arbitration and the Arbitral Tribunal determined it by way of a Final Award on 5
th
March 2019. This Court has just dismissed an Application to set aside the said award and the same holds. In essence the dispute has been heard and determined.
4. The purpose for which the orders made on 2
nd
July 2015 and issued on 9
th
July 2018 are now spent.
5. The Notice of Motion dated 17
th
June 2019 is allowed with costs.
Dated, Signed and Delivered in Court at Eldoret this 28
th
Day of April 2020
F. TUIYOTT
JUDGE
ORDER
In view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 17
TH
April 2020, this Ruling has been delivered to the parties through virtual platform.
F. TUIYOTT
JUDGE
PRESENT
: