NANCY WANGUI NJUGUNA & JAMES NJUGUNA KAGWIMA V. NANCY NJERI GITAU & JAMES MUTA GITAHI

JUDGMENT OF THE COURT

Nancy Wangui Njuguna and James Njuguna Kagwima (1^st and 2^nd appellants respectively) on the one hand, and Nancy Njeri Gitau and James Muta Gitahi (1^st and 2^nd respondents respectively) are married couples.

They entered into an agreement/memorandum of understanding dated 18^th 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 1^st appellant to move the Chief Magistrate’s Court Nairobi vide Milimani Civil Suit No. 13299/2004, in which the 1^st respondent herein was named as the defendant. Pursuant to Section 6 of the Arbitration Act, 1995, the 1^st respondent filed a notice of motion on 3^rd December, 2004 seeking orders to stay the proceedings pending the hearing and determination of the arbitration. The parties thereafter …