Paul Debacko Gogo & another v Sifa & Kings Investments Co. Ltd & 3 others [2021] KEHC 4146 (KLR)
- Court
- High Court of Kenya
- Case number
- 4146
- Citation
- [2021] KEHC 4146 (KLR)
- Decided
- 10 August 2021
The court found that the arbitration agreements in the Memorandum and Articles of Association of the 2nd defendant and the Lease Agreement dated 26th March 2012 are valid and enforceable, and the disputes can be resolved through arbitration.
Facts
The 2nd defendant and 3rd and 4th defendants filed applications seeking to stay the proceedings and refer the dispute to arbitration. The Plaintiffs filed a Plaint on May 17, 2021, seeking to resolve disputes related to shareholding, appointment of board of directors, control, and management of the 2nd defendant and the management of Sifa Towers.
Issues
- Whether the arbitration agreement in the Memorandum and Articles of Association of the 2nd defendant and the Lease Agreement dated 26th March 2012 are valid and enforceable.
- Whether the disputes between the parties can be resolved through arbitration as per the agreements and laws.
Reasoning
The court applied the principles of arbitration and the Arbitration Act to determine that the agreements to arbitrate disputes are valid and the disputes can be resolved through arbitration.
Outcome
The court dismissed the applications to stay the proceedings and refer the dispute to arbitration.
Orders
- The applications to stay the proceedings and refer the dispute to arbitration were dismissed.
Authorities cited
Legislation (2)
- Arbitration Act 1995
- Kenyan Law
Loading judgment…