NANCY WANGUI NJUGUNA & another v NANCY NJERI GITAU & another [2007] KEHC 2095 (KLR)
- Court
- High Court of Kenya
- Case number
- 2095
- Citation
- [2007] KEHC 2095 (KLR)
- Decided
- 10 July 2007
The plaintiff had no jurisdiction to discontinue the suit through the magistrate without first discontinuing the arbitration proceeding. The suit is stayed and the arbitration proceedings are ordered to commence.
Facts
The plaintiffs and defendants are in a partnership running a school. The plaintiffs filed a suit in the Chief Magistrates court seeking an injunction to restrain the defendants from running the school. The defendants filed a notice of motion seeking a stay of proceedings and referred the matter to arbitration. The plaintiffs filed a notice of discontinuation of the suit, but the defendants did not know about it. The plaintiffs then filed a new suit in the High Court.
Issues
- Whether the plaintiffs are permitted to discontinue the former case and file a new case
- Whether the plaintiff had jurisdiction to discontinue the suit through the magistrate without first discontinuing the arbitration proceeding
Reasoning
The plaintiff's discontinuation of the suit was subject to the arbitration being concluded. The plaintiff cannot discontinue the suit while the arbitration is pending. The plaintiff's discontinuation was irregular.
Outcome
The suit is stayed and the arbitration proceedings are ordered to commence.
Orders
- The suit be and is hereby stayed
- The orders of discontinuing the magistrates court, case be and is hereby is set aside
- The arbitration proceeding to commence for hearing for 150 days with leave to extend this period
- The proceeding be in the magistrates court file
- Costs to the defendants/applicant to be paid by the plaintiffs/respondent
Remedies
- Stay of the suit
- Set aside the orders of discontinuation
- Arbitration proceedings to commence
Loading judgment…