Jimmy Mutuku Mwithi t/a Oasis Farm v Eric Okondo Omanga t/aCidai Farm [2016] KEHC 6313 (KLR)
- Court
- High Court of Kenya
- Case number
- 6313
- Citation
- [2016] KEHC 6313 (KLR)
- Decided
- 26 February 2016
The court found that the parties had an agreement containing an arbitral clause and that a dispute has arisen between them. The court exercised its discretion to stay proceedings and order for arbitration.
Facts
A contract dispute arose between Jimmy Mutuku Mwithi (Oasis Farm) and Eric Okondo Omanga (Cidai Farm) on 11/1/2016. Oasis Farm filed a suit in Kajiado Magistrate's Court seeking a permanent injunction and an order on specific performance.
Issues
- Whether the parties had entered into an agreement containing an arbitral clause.
- Whether a dispute has arisen between the parties.
- Whether the interim orders of injunction issued by the lower court were issued without jurisdiction.
- Whether this court can exercise its discretion to stay proceedings and order for arbitration.
- Whether appellant is entitled to orders sought.
Reasoning
The court analyzed the contract and dispute resolution clause, finding that the parties agreed on various terms and that a dispute has arisen. The court then considered the arbitration clause and the court's discretion to stay proceedings.
Outcome
The court ordered the stay of proceedings and referred the matter to arbitration.
Orders
- Order to stay all proceedings at Kajiado Magistrate’s Court.
- Order for arbitration in accordance with Clause No. 13 of the agreement.
Authorities cited
Legislation (2)
- Arbitration Act Cap 49 of the Civil Procedure Rules
- Civil Procedure Act Cap 21 of the Laws of Kenya
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