RULING OF THE COURT
This is an application for injunctive orders pending the filing, hearing and determination of intended appeal against the ruling of superior court at Mombasa (Azangalala, J.) delivered on 29th July 2010. It is a bulky application which consists of five volumes almost the size of a mini fridge! However for the purpose of this application we have only focused on the central issues which we consider relevant to a determination under rule 5(2) (b), upon which this application is grounded.
The genesis of the dispute is that on the 1st August 2007 the applicant, Tanzania National Roads Agency, a Tanzanian legal entity and the 1st respondent Kundan Singh Construction Ltd a Kenyan Contracting Company, entered into a contract in the FIDIC form of contract for carrying out of the upgrading of Mbeya – Chunga Makongolosi Road section 1 Mbeya – Lwanjiyo (36km) to a bituminous standard. Pursuant to the said contract the 1st respondent company caused the second respondent Kenya Com…