Judgment
Case law
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Division and case type: CivilCivil Suit
…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…
…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…
Division and case type: Milimani Commercial CourtsCivil Suit
…Examples are an objection to the jurisdiction of the court, or a plea of limitation, or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration.”…
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.…