Registered Trustees of the Management University of Africa Trust v Solyana Company Limited & another [2020] eKLR Case Summary

Court: High Court of Kenya at Nairobi, Commercial & Tax Division

Category: Civil

Judge(s): W. A. Okwany

Judgment Date: September 24, 2020

Country: Kenya

Document Type: PDF

Number of Pages: 3

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Case Brief: Registered Trustees of the Management University of Africa Trust v Solyana Company Limited & another [2020] eKLR

1. Case Information:
- Name of the Case: The Registered Trustees of the Management University of Africa Trust v. Solyana Company Limited & Samuel Mbiri Nderitu
- Case Number: HCCC No. E300 of 2019
- Court: High Court of Kenya at Nairobi, Commercial and Tax Division
- Date Delivered: 24th September 2020
- Category of Law: Civil
- Judge(s): W. A. Okwany
- Country: Kenya

2. Questions Presented:
The central legal issues for determination by the court include:
- Whether the arbitral proceedings initiated by the defendants are premature due to non-compliance with Clause 18(1) of the Project Development and Transfer Agreement.
- Whether the arbitrator had the requisite jurisdiction to proceed with the arbitration.
- Whether the attendance of the plaintiff during the preliminary meeting constituted a waiver of their right to pursue amicable settlement.
- Which party should bear the costs of the proceedings.
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