Radheshyam Transport Ltd v Corporate Business Centre Ltd (Civil Case 303 of 2014) [2015] KEHC 992 (KLR) (Civ) (20 November 2015) (Ruling)
- Court
- High Court of Kenya
- Case number
- 992
- Citation
- [2015] KEHC 992 (KLR)
- Decided
- 20 November 2015
The motion is well-founded due to the lack of credible service of summons and the absence of a written agreement with an arbitration clause.
Facts
The defendant was served with a summons to enter appearance, but the plaintiff's affidavit of service was challenged due to discrepancies in the signatures. The parties exchanged documents, including an agreement for building works, which contained an arbitration clause.
Issues
- Whether service of summons was effected
- Whether there is a written contract with an arbitration clause
Reasoning
The court found that the signatures in the affidavits of service were different, creating doubt about the service of summons. The parties exchanged documents, including an agreement for building works, which contained an arbitration clause, but no written agreement was executed.
Outcome
Motion granted in part, costs to be determined in the suit
Orders
- Certification of urgency
- Allowance of Murgor & Murgor Advocates to appear on record
- Stay of execution of judgment, decree, and warrants of attachment and sale
- Set aside judgment against defendant dated 11th May 2015
- Stay further proceedings in the suit pending arbitration
- Referral of dispute to arbitration
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