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…The Judge overruled the objection because he found as a fact that the appellant had not complied with the mandatory provisions of section 6 of the Arbitration Act (Cap 49).…

…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…

…S 6(1) of the Arbitration Act, cap 49 Laws of Kenya, provides, in pertinent part, as follows: “If a party to an arbitration agreement … commences any legal proceedings in any Court against any other party to the agreement…

….….DEFENDANT RULING The defendant has brought this application under section 6(1) of the Arbitration Act and order 50 rule 1 of the Civil Procedure Rules for an order of this court to stay the proceedings in the suit.…

…It is registered land and disputes concerning it could only be handled by the courts which in appropriate circumstances, could refer it to the elders pursuant to the provisions of the Arbitration Act.…

…The defendant entered appearance and before taking any other steps in the proceedings, it applied for stay of all further proceedings pursuant to Section 6(1) of the Arbitration Act.…

…He specifically pointed out that Section 6 (1) of the Arbitration Act gives the court discretion to order stay of proceedings where no sufficient reason is shown why such order should not be made.…