Sospeter Gitonga Njiru t/a Stepper Electrical & Suppliers v Nation Media Group Limited [2016] KEHC 8699 (KLR)

Facts

The Plaintiff, Sospeter Gitonga Njiru, trading as Stepper Electrical Suppliers, approached the Court seeking a permanent injunction against the Defendant, Nation Media Group Limited, to restrain termination of their Distribution Agreement dated 1 October 2014. The Plaintiff also sought full accounts, damages, interest, and costs. The Defendant filed an application seeking to stay the ex parte orders and to refer the dispute to arbitration.

Issues

1. Whether the Court has jurisdiction to entertain the matter in light of the arbitration agreement in the Distribution Agreement.
2. Whether the ex parte orders should continue in place.

Reasoning

The Court found that the parties did enter into the Distribution Agreement dated 1 October 2014 and that the agreement contained an arbitration clause. The Court concluded that the Court has the jurisdiction to entertain the matter.

Outcome

The ex parte orders were set aside.

Authorities cited