JUDGMENT OF THE COURT
By a plaint filed at the High Court at Kisumu on 14th December 2006 the appellant herein filed what could be termed as a pre-emptive suit seeking to restrain the respondent from terminating a 13-year Road Transport Carriage Agreement executed between the two parties on 20th September 2004. It also sought an order of specific performance of the remaining part of the contract or, in the alternative, damages for breach of contract, for fraudulent misrepresentation and costs plus interest.
Alongside to the Plaint, the appellant filed a Chamber Summons application dated 14th December 2006 and sought a temporary injunctive order restraining the respondent from terminating the agreement until the dispute between them was referred to arbitration for final determination. The said prayers were granted and, by consent of the parties’ advocates dated December 6th 2007, two Advocates were appointed to arbitrate the dispute. The arbitration was to be heard and determined within …