“"arbitration clause"” — court decisions

Judgment[1993] KEHC 16529 November 1993

Githunguri & another t/a Githunguri & Collins Architects v Kenya Railways Corporation

High Court at Nairobime they have raised the issue of the jurisdiction to entertain both the suit,application,relying on the arbitration clause,HoweverCase number Civil Suit 2461 of 1992

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.…

…clause.…

5 min read

Judgment[1996] KECA 704 January 1996

Corporate Insurance Company v Loise Wanjiru Wachira

Court of Appeal at NairobiTunoi,JUDGE APPEAL,MuthogaCase number Civil Appeal 151 of 1995

Division and case type: CivilCivil Appeal

…clause.…

…We deal first with the complaint relating to the arbitration clause.…

10 min read

Judgment[1983] KECA 7320 November 1983

East African Power and Lighting Company Ltd v Kilimanjaro Construction Ltd

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 43 of 1983

Division and case type: CivilCivil Appeal

…The learned judge set out the remainder of the arbitration clause, which reads as follows: “If either party is not satisfied with the decision they make written notice within 90 days of receipt of the decision for the dispute…

…clause.…

17 min read

Judgment[1994] KECA 7830 May 1994

Kenindia Assurance Co Ltd v Patric Muturi

Court of Appeal at NyeriKuloba,judge refused Mr Ghadialy,JUDGE APPEALCase number Civil Appeal 87 of 1993

Division and case type: CivilCivil Appeal

…His reason for doing this, inter alia, and which we find wholly untenable, was that the jurisdiction of his Court could not be ousted by “the simple devise of an unguardedly phrased arbitration clause”, which is well known…

15 min read