In the application dated 11.04.2023, the Company seeks to stay these liquidation proceedings pending arbitration. Mr Kisigwa, counsel for the Petitioner, concedes that the parties have commenced arbitration proceedings as an arbitrator has in fact been appointed to resolve the dispute. This means that the parties are agreed that there is a bona fide dispute between the parties. The court will not ordinarily entertain an insolvency cause where there is a bona fide dispute that is being resolved in another forum.
In the circumstances, I make the following orders:
1. These proceedings are stayed for a period of 90 days.
2. Mention on 28.07.2023 for the Petitioner to show cause why the Petition should not be struck out.
DATED and DELIVERED at NAIROBI this 19th day of APRIL 2023
D. S. MAJANJA
JUDGE
In the circumstances, I make the following orders:
1. These proceedings are stayed for a period of 90 days.
2. Mention on 28.07.2023 for the Petitioner to show cause why the Petition should not be struck out.
DATED and DELIVERED at NAIROBI this 19th day of APRIL 2023
D. S. MAJANJA
JUDGE