Charles Nzioki Kanyaa & 2 others v Cytonn Real Estate Project Notes Llp & 2 others [2021] KEHC 4907 (KLR)
- Court
- High Court of Kenya
- Case number
- 4907
- Citation
- [2021] KEHC 4907 (KLR)
- Decided
- 22 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitration StayPostureApplication for stay of proceedings pending arbitrationCoramG.W.Ngenye-Macharia
Holding
The Court finds that the proceedings should be stayed pending referral to arbitration.
Facts
Plaintiffs and Defendants are parties to a Subscription Agreement and Partnership Agreement, where the Plaintiffs seek a stay of proceedings pending arbitration.
Issues
- Whether the proceedings should be stayed pending referral to arbitration.
- Whether the issues of violation and/or infringement of consumer rights can invalidate the arbitration clause.
Reasoning
The Court considers the Subscription Agreement and the Arbitration Act, finding that the arbitration clause is valid and that the court should stay proceedings to allow arbitration.
Outcome
Application allowed, proceedings stayed pending arbitration.
Orders
- Proceedings stayed pending arbitration.
- Dispute referred to arbitration.
- Parties to agree on number of arbitrators and appoint an arbitrator within 45 days.
- Costs of the application to be determined in arbitration.
Authorities cited
Legislation (2)
- Arbitration Act, 1995
- Evidence Act
Cases cited (5)
- Niazsons (K) Ltd v China Road & Bridge Corporation Kenya
- Adrec Limited v Nation Media Group Limited
- Vihar Construction Company Limited v Uhani Limited
- Kenya Breweries Limited & another v Bia Tosha Limited & 5 others
- Hausram Limited v Nairobi City County
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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