JUDGMENT
The appellant (employers) engaged the services of the respondent firm of building contractors (contractors) to construct for the employers a building for the agreed sum of Kshs 1,075,000 subject to the terms and conditions and under the directions of Mr v. D Chhaniyara (architect) as stated in an agreement made between them dated January 15, 1976. The contractors sued the employers in the High Court for the recovery of Kshs 96,323 being the total of two certificates dated March 21, 1978 and October 5, 1978 issued by the architect for work done under the contract and for some extra work done by them also under the supervision of the architect. The employers after entering appearance and without taking any further steps in the action applied to the court, the application being supported by an affidavit sworn by their advocate, that all further proceedings in the action be stayed under section 6 of the Arbitration Act (cap 49) the employers and the contractors having appearing in…