Karen Blixen Coffee Garden & Cottages Limited v Tamarind Management Limited [2017] KEELC 2172 (KLR)
- Court
- Environment & Land Court
- Case number
- 2172
- Citation
- [2017] KEELC 2172 (KLR)
- Decided
- 28 July 2017
The court orders that all disputes, claims, controversies, and disagreements in the three consolidated suits be referred to arbitration within the framework of the sub-lease clause.
Facts
The plaintiff (Karen Blixen Coffee Garden & Cottages Limited) and defendant (Tamarind Management Limited) are in dispute over four parcels of land in Karen, Nairobi City County. The dispute arose from a sub-lease dated 3/12/2012, and the plaintiff initiated three suits seeking various remedies.
Issues
- Whether there is a dispute to warrant the invocation of the arbitration clause.
- Whether the plaintiff is bound to submit to the arbitration proceedings initiated by the defendant.
- Whether the proceedings should be stayed pending arbitration.
- Whether interim protective measures should be granted to the defendant within the legal framework in Section 7 of the Arbitration Act.
Reasoning
The court found that the Environment and Land Court has jurisdiction over the dispute due to the pre-2010 constitutional framework and the Constitution of Kenya 2010. The court also upheld the principle of party autonomy in resolving commercial disputes.
Outcome
The court orders the proceedings to be stayed pending arbitration.
Orders
- All disputes, claims, controversies, and disagreements in Nairobi ELC Case No. 679 of 2016, Nairobi ELC Case No. 517 of 2014, and Nairobi ELC Case No. 519 of 2014 are referred to arbitration within the framework of Clause 18.3 of the sub-lease.
- The court proceedings in Nairobi ELC Case No. 679 of 2016, consolidated with Nairobi ELC Case No. 517 of 2014 and Nairobi ELC Case No. 519 of 2014 are stayed pending the determination through arbitration of all disputes, claims, controversies, and disagreements in the three consolidated suits.
Authorities cited
Legislation (3)
- Arbitration Act
- Constitution of Kenya 2010
- United Nations Commission on International Trade Law (UNCITRAL) Model Law
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