Deloitte and Touche LLP Sued as Deloitte East Africa & 8 others v Admassie (Civil Application E261 of 2023) [2023] KECA 1504 (KLR) (8 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1504
- Citation
- [2023] KECA 1504 (KLR)
- Decided
- 8 December 2023
The appeal is arguable and the matter at the High Court will proceed despite the application to have the matter referred to arbitration, rendering the appeal nugatory. The appeal will be stayed pending hearing and determination of the appeal.
Facts
The 1st applicant (Deloitte and Touche LLP) expelled the respondent (Amaha Bekele Admassie) as a partner. The respondent sought a temporary injunction against expulsion and suspension of payments. The High Court granted a temporary injunction against the removal of the respondent, expressly stopping the expulsion and ordering that any expulsion already done was of no effect.
Issues
- Whether the respondent was expelled in accordance with the partnership deed.
- Whether the dispute ought to have been referred to arbitration.
Reasoning
The Court finds the appeal arguable and that the matter at the High Court will proceed despite the application to have the matter referred to arbitration, rendering the appeal nugatory. The applicants have met the threshold for grant of the orders sought.
Outcome
The appeal is allowed and the proceedings are stayed pending hearing and determination of the appeal.
Orders
- A stay of proceedings in the said suit pending hearing and determination of the appeal.
Remedies
- Stay of proceedings
Authorities cited
Legislation (1)
- Arbitration Act
Cases cited (2)
- Multimedia University & Another –Vs- Professor Gitile N. Naituli (2014) eKLR
- Stanley Kangethe Kinyanjui vs. Tony Ketter & Others [2013] eKLR
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