Classification of Commercial Matters - 1997
Made on: Tue, November 18th 1997
The following matters shall be deemed to be Commercial matters, suitable for trial by the Commercial Division of the High Court situated in New Milimani Commercial Courts, Upper Hill Nairobi.
1. All proceedings in which an injunction is sought to restrain the realization of securities whether debentures or charges.
2. All company matters and applications including winding-up, excluding cases in which a Company is suing or being sued as an entity.
3. All Bankruptcy matters.
4. All matters relating to arbitration other than enforcement of awards; excluding any matter relating to land affected by the Land Control Board.
5.All intellectual property matters.
6. All claims for the recovery of unsecured debts (but including claims against guarantors) due to a bank or other financial institution in which a defence is filed. On the filing of the defence the matter to be automatically transferred to the Commercial Court.
7. Such matters as are certified by a Judge of the Commercial Court as being suitable for determination in the Commercial Court having regard to the amount involved; the need for a speedy hearing and the nature of the case. It was felt that in considering the nature of the case the Judge could be guided by the wording similar to the definition of a commercial action in the English Order 72 Rule 1 (1), namely: ?arising out of the ordinary transactions of merchants and traders and, without prejudice to the generality of the foregoing words, any cause relating to the construction of a mercantile document, the export or import of merchandise, affreightment, insurance, banking, mercantile agency and mercantile usage.
A.M COCKAR, EGH