China Harbour Engineering Company Limited vs Road Development Authority – CA PHC APN: 94/2013-2013

In the case between China Harbour Engineering Company Limited and the Road Development Authority (RDA), the Supreme Court examined whether the revisionary jurisdiction of the Court of Appeal under Article 138 of the Constitution is excluded by Section 37(2) of the Arbitration Act No. 11 of 1995 when the Provincial High Court acts within or without jurisdiction. The Court considered if applications for revision can proceed where the High Court lacks jurisdiction under Section 11(2) of the Act and also whether the Court of Appeal is bound by precedent set in Wakachiku Construction Company Ltd v. Road Development Authority. It was held that leave to appeal would be granted on three specific legal questions concerning the scope and operation of the statutory ouster of jurisdiction, thereby rea