Feisal Shariff Ibrahim & another t/a Ogle Sheikh Shariff Advocates (formerly Ogle Sheikh Shariff Advocates) v Daniel Kamau Chege t/a Chege Kamau & Company Advocates (Commercial Civil Case E204 of 2021) [2021] KEHC 29 (KLR) (Commercial and Tax) (17 September 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 29
- Citation
- [2021] KEHC 29 (KLR)
- Decided
- 17 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeArbitrationPostureRespondent's Chamber Summons seeking to stay suit and strike out Originating SummonsCoramD. S. MAJANJA, DAS MAJANJA, Gikonyo, Like Njagi, Mwongo
Holding
The Advocates are not parties to the Agreement and cannot be ordered to proceed to arbitration under the Agreement. The Chamber Summons is dismissed with costs to the Applicant.
Facts
Respondent issued a professional undertaking to Applicant, who paid USD 200,000. Dispute arose over whether Respondent should be released from the undertaking due to non-genuine export documents.
Issues
- Whether the suit for enforcement of the professional undertaking should be referred to arbitration
- Whether the Respondent can be ordered to proceed to arbitration under the Agreement
Reasoning
The Undertaking is a separate and collateral contract between the Advocates, not enforceable between the clients. The Arbitration Act does not allow disputes between Advocates to be referred to arbitration.
Outcome
Dismissed with costs to the Applicant
Orders
- Chamber Summons dated 18th May 2021 dismissed
Authorities cited
Legislation (1)
- Arbitration Act, 1995
Cases cited (1)
- Nelson Andayi Havi v Jane Muthoni Njage
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.
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