Esteem Surveyors & Associates Limited v Tysons Limited & another (Civil Case E002 of 2024) [2025] KEHC 23 (KLR) (10 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 23
- Citation
- [2025] KEHC 23 (KLR)
- Decided
- 10 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of proceedings and referral to arbitrationCoramFR OLEL
Holding
The court ordered the parties to engage the auditors for assessment and if disputes remain, the matter will be referred to arbitration.
Facts
Esteem Surveyors & Associates Limited filed a suit against Tysons Limited and KCB Bank Limited for payment of surveyor's fee. The parties had an agreement where disputes were to be referred to KCB's auditors for settlement.
Issues
- Whether the suit should be referred to arbitration
Reasoning
The court found that the parties had an arbitration agreement and that disputes should be referred to arbitration as per the contract terms.
Outcome
The court ordered the parties to engage the auditors and referred the matter to arbitration if disputes remain.
Orders
- Engage the auditors for assessment
- Refer the matter to arbitration if disputes remain
Remedies
- Engage the auditors for assessment
- Refer the matter to arbitration if disputes remain
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Housing Finance Co. of Kenya Limited vs. Gilbert Kibe Njuguna Nairobi HCCC No. 1601 of 1999
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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