Yusuf Abdalla Ibrahim Abdi v Ibrahim Noor Hillowly [2017] KEHC 5379 (KLR)

Facts

The Plaintiff filed a Notice of Motion and Application against the Defendant, alleging a dispute arising from an Agreement dated December 5, 2016, which included an arbitration clause.

Issues

1. Whether the Court has jurisdiction to entertain the suit and Application herein.
2. Whether the suit and the Application are incompetent and otherwise an abuse of the Court’s process.

Reasoning

The Court ruled that the parties agreed to resolve disputes through arbitration, thus the Court lacks jurisdiction to entertain the suit and Application.

Outcome

The Preliminary Objection is sustained.

Authorities cited