IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Tunoi, Bosire and O’Kubasu JJ A)
CIVIL APPEAL NO 157 OF 2000
NIAZSONS (K) LIMITED ............................................... APPELLANT
VERSUS
CHINA ROAD and BRIDGE CORPORATION (KENYA)..........RESPONDENT
(Appeal from the r uling of the High Court of Kenya at Nairobi
(Justice Onyango Otieno) dated 15th April, 1999 in
HCCC No 126 of 1999)
JUDGMENTS
Bosire JA. Niazsons (K) Limited, the appellant, was sub-contracted by China Road and Bridge Corporation (Kenya), the respondent, to execute road works on a 52 km stretch of the Garsen-Hola Road at an agreed contract price of Kshs 473,665,086.10 and other mutually agreed terms which were reduced into writing. Among those terms is clause T, which provides thus:
"T Arbitration
(a) All disputes and differences in connection with this subcontract and with the execution thereof, shall be first settled between the contractor and subcontractor by friendly and amicable negotiation. If no settlement can thus be reached…