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…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.…

…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).…

…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.…

…All disputes arising out of the purported contract should have been referred to arbitration.…

…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…