Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…to arbitration, and in awarding costs for two counsel.…
…We must make it clear that we are not waiving the arbitration provision in the contract.”…
Division and case type: CivilCivil Appeal
…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…
…Furthermore, the Arbitration Act which governs arbitration proceedings, contains provisions which are relevant to the dispute between the parties.…
Division and case type: CivilCivil Appeal
…We deal first with the complaint relating to the arbitration clause.…
…Section 6(1)(a) of the Arbitration Act (Cap 49) (the Act) provides that - "6(1) If a party to an arbitration agreement or a person claiming through or under him, commences any legal proceedings in any court against any other…
Division and case type: CivilCivil Case
…Rules and section 22(a) of the Arbitration Act the applicants would like this Court to determine if they can both commence arbitration based on a main contract made between the first named applicant and the respondent and…
…the matter to arbitration.…
Division and case type: CivilCivil Appeal
…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…
…The appellants elected to pursue the motion filed by them stressing the irregularities of the arbitration and requested the arbitration to be conducted by another District Officer.Mr Chadialy for the respondent argued that…
Division and case type: CivilCivil Case
…The reference of the dispute to arbitration having not been by order of Court. The agreement to submit to arbitration was enteredinto while the three suits were pending.…
…No. 209/1069 to 'arbitration was not and is not subject to the Arbitration Act. The Act is concerned with pre-suitagreements.…
Division and case type: CivilCivil Appeal
…On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each…
Division and case type: CivilCivil Appeal
…The Arbitrator(s) would determine a fair market value of your Client’s shares at the date of submission to arbitration. 3.…
…Notwithstanding this, our clients would be prepared to consider a reference to arbitration provided three preconditions are satisfied.…
Division and case type: CivilCivil Case
…Thus is the present case, the defendant cannot rely as it has sought to do on the arbitration clause in the policy of insurance to stay the action founded on the compromise. On this point see Green vs.…
…As such it is not a ground of defence to the plaintiff’s claim. (2) that the dispute should have been referred to arbitration (para 8 of the defence).…
Division and case type: CivilCivil Appeal
…This court's orders dated 17.7.95 terminating the appellant's appeal and referring the matter for arbitration under Act No. 18 of 1990 be reviewed and set aside. 2.…
…This application is disallowed and the proceedings in this suit terminated and the dispute referred to the Tribunal for arbitration under Act 18 of 1990".…
Division and case type: Milimani Commercial CourtsCivil Case
…That claim was resisted by the applicant and the dispute was referred to a Panel of Elders for arbitration. They sat four elders under the chairmanship of the District Officer, Kangema.…
Division and case type: CivilCivil Appeal
…The grounds of appeal relevant to the case are rst that there was not a valid consent of the divisional Land Control Board and secondly that the arbitration by the panel of elders was not properly conducted.…
…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…
Division and case type: CivilCivil Case
…This judgment shows that the defendant had lost the previous suits over land to Tiras Mutunga both before the African Court at Muthambi in Civil Case No 198/62 and before the Meru Land Consolidation Arbitration Board in 1959…
Division and case type: CivilCivil Appeal
…The matter was at first by consent referred by the court to arbitration but the award was later set aside and the originating summons proceeded to trial.…
Division and case type: CivilCivil Appeal
…After the plaintis had commenced an action in rem in the Admiralty Court, the parties made an ad hoc agreement to arbitrate and the plaintis actively pursued their claim in the arbitration.…
…The application made no mention of the ad hoc agreement to arbitrate or of the fact that the plaintis were actively pursing their claim in the arbitration.…
Division and case type: CivilCivil Appeal
…of the High Court (Masime J) in Nairobi, set aside the judgment of the Murang’a resident magistrate, order the suit to go forward for trial in an appropriate subordinate court or refer the issues to the clan elders for arbitration…