Rao v Shreeji Chemicals Limited & 3 others (Petition E005 of 2021) [2023] KEHC 24600 (KLR) (Commercial and Tax) (3 November 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 24600
- Citation
- [2023] KEHC 24600 (KLR)
- Decided
- 3 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for ArbitrationPostureRespondents opposed the appointment of an arbitrator, seeking the Court to appoint a sole arbitrator from Ms. Esther Kinyenje and Mr. Kamau Karori.CoramFG MUGAMBI
Holding
The Court found that the issue of the appointment of an arbitrator is not res judicata and that the Court ought to appoint an arbitrator to hear and determine the dispute.
Facts
The dispute arose from a disagreement over the appointment of an arbitrator to determine the shareholder's dispute between the applicant and the respondents.
Issues
- Whether the issue of the appointment of an arbitrator is res judicata.
- Whether the Court ought to appoint an arbitrator to hear and determine the dispute before the parties.
Reasoning
The Court dismissed the application on a technicality, stating that the suit was sub-judice due to the existence of the current suit. The Court also noted that the arbitration clause does not provide a mechanism for parties to invoke if they are unable to agree on the nomination of their preferred arbitrator.
Outcome
The Court dismissed the application.
Orders
- The Court dismissed the application for the appointment of an arbitrator.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Arbitration Act 1995
- Constitution of Kenya
Cases cited (1)
- John Florence Maritime Services Limited & another V Cabinet Secretary, Transport and Infrastructure & 3 others, [2021] eKLR
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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