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Hussein Virani & 8 others v Twenty Redhil Limited [2018] KEELC 720 (KLR)

[2018] KEELC 720 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
720
Citation
[2018] KEELC 720 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeArbitration ApplicationPostureAppeal from a previous order
Holding

The court ordered the dispute to be referred to arbitration.

Facts

The plaintiffs and defendant are parties to a lease agreement that includes an arbitration clause. The defendant has applied to refer the dispute to arbitration.

Issues

  1. Whether the dispute should be referred to arbitration.
  2. Who should be appointed as the arbitrator.

Reasoning

The court found that the lease agreement included an arbitration clause and that the court should stay the proceedings and refer the parties to arbitration.

Outcome

The court ordered the dispute to be referred to arbitration.

Orders

  • The dispute between the parties be referred to arbitration.
  • The dispute be referred to arbitration before either Mr. Mwaniki Gachoka, Mr. John Ohaga, or Dr. Kariuki Muigua.

Remedies

  • The costs of the application be borne by the plaintiff.

Authorities cited

Legislation (2)
  • Arbitration Act, 1995
  • Civil Procedure Act, Chapter 21 Laws of Kenya
Cases cited (2)
  • Haki Shipping Corporation –vs- Sopex Oils Ltd
  • Alliance Media Kenya Ltd vs Monier 2000 Limited
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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