AREVA T & D INDIA LMITED
V.
PRIORITY ELECTRICAL ENGINEERS & ANOTHER

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: BOSIRE, VISRAM, and KOOME, JJA)

CIVIL APPEAL NO 103 OF 2011

BETWEEN

AREVA T and D INDIA LMITED .................................... APPELLANT

AND

PRIORITY ELECTRICAL ENGINEERS ...................1^ST RESPONDENT

EZETEC LIMITED ............................................2^ND RESPONDENT

(An appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Kimaru, J) dated 2^nd September, 2009

in

H C C C No 536 of 2009)

JUDGMENT OF VISRAM, JA

This appeal raises one important legal issue: whether in the circumstances of this case, the Court should give effect to the “exclusive jurisdiction” clause in an agreement in which the parties freely and voluntarily conferred jurisdiction to the Courts of Delhi, India, to resolve any dispute arising from the performance of their contract in Kenya.

The appellant, a company incorporated in Kolkata, India, and having its principal place of business in Noida, India, entered into a contract with Kenya Power and Lighting Co…