“"arbitration"” — 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.…

…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…

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Judgment[1996] KEHC 3515 July 1996

KIVANDI MUKUSYA v MUTUNGA MATHEKA

High Court at MachakosOsiemo,Muendo,Nzei,Muendo applicant Mrs,Muthusi appeared Dr,Mutunga,MuthusiCase number Civil Appeal 18 of 1985

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".…

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

…After the plaintis had commenced an action in rem in the Admiralty Court, the parties made an ad hoc agreement to arbitrate and the plaintis actively pursued their claim in the arbitration.…