JUDGMENT OF THE COURT
Nancy Wangui Njuguna and James Njuguna Kagwima (1st and 2nd appellants respectively) on the one hand, and Nancy Njeri Gitau and James Muta Gitahi (1st and 2nd respondents respectively) are married couples.
They entered into an agreement/memorandum of understanding dated 18th May 2002, by which they formed a partnership on how to run Glorious Primary School. One of the clauses in the said agreement/memorandum of understanding, provided that any disputes arising in the course of running the said school would be resolved through arbitration.
A dispute did arise prompting the 1st appellant to move the Chief Magistrate’s Court Nairobi vide Milimani Civil Suit No. 13299/2004, in which the 1st respondent herein was named as the defendant. Pursuant to Section 6 of the Arbitration Act, 1995, the 1st respondent filed a notice of motion on 3rd December, 2004 seeking orders to stay the proceedings pending the hearing and determination of the arbitration. The parties thereafter …