Kenneth Chesiyna Kiptoon v Sasam Limited & another [2016] KEHC 1071 (KLR)
- Court
- High Court of Kenya
- Case number
- 1071
- Citation
- [2016] KEHC 1071 (KLR)
- Decided
- 28 July 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for stay of proceedings and referral to arbitrationCoramJANET MULWA
Holding
The court allows the application and directs a stay of proceedings and referral to arbitration
Facts
A sale agreement was entered into between the plaintiff and defendants for the sale and purchase of a property. The plaintiff paid a deposit of Kshs.9,000,000/=, but the defendants claimed repudiation and nullification of the agreement due to non-payment of the 30% deposit. The plaintiff disputes this and seeks arbitration.
Issues
- Whether there is a dispute arising from the sale agreement
- Whether the dispute is subject to the Arbitration Clause
Reasoning
The court finds there is a dispute and the parties agreed to arbitration, thus the court should not delay resolution by staying proceedings.
Outcome
Application allowed, stay of proceedings and referral to arbitration
Orders
- Stay of all proceedings pending arbitration
- Arbitrator to be appointed by agreement of the parties within 30 days
- In default, the chairman of the Kenya Chapter of the Institute of Arbitrators will appoint the arbitrator within 14 days
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.
Loading judgment…