Oriole Investments Ltd v Bandari Savings and Credit Coop Society Ltd & another [2020] KEHC 3013 (KLR)
- Court
- High Court of Kenya
- Case number
- 3013
- Citation
- [2020] KEHC 3013 (KLR)
- Decided
- 4 September 2020
The court referred the matter to arbitration and dismissed the plaintiff's application to have the defendants' managing directors committed to civil jail for contempt.
Facts
The plaintiff, Oriole Investments Ltd, sued Bandari Savings and Credit Coop Society Ltd and Queeno Investment Limited for breach of a contract for the construction of a perimeter wall fence. The defendants filed an application to stay the proceedings and refer them to arbitration, while the plaintiff sought to have the defendants' managing directors committed to civil jail for contempt.
Issues
- Whether the court has jurisdiction over the matter
- Whether the arbitration agreement is null and void or inoperative
Reasoning
The court found that the parties had agreed to resolve disputes through arbitration and that the agreement was not null and void, inoperative, or incapable of enforcement. The court declined to consider whether the suit should be struck out.
Outcome
The matter was referred to arbitration, and the plaintiff's application to have the defendants' managing directors committed to civil jail for contempt was dismissed.
Orders
- The matter was referred to arbitration within 30 days from the date of the judgment.
- The plaintiff's application to have the defendants' managing directors committed to civil jail for contempt was dismissed.
Remedies
- The matter was referred to arbitration.
- The plaintiff's application to have the defendants' managing directors committed to civil jail for contempt was dismissed.
Authorities cited
Legislation (1)
- The Arbitration Act
Cases cited (1)
- National Bank of Kenya v Pipelastic Samkolit (K) Ltd & another [2001] eKLR
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