SADRUDIN KURJI & AKBAR KURJI V. SHALIMAR LIMITED, SAZ CATERERS LIMITED & ZULFIKAR RAHEMTULLA

JUDGMENT OF THE COURT

This is an appeal from the order of the superior court (Emukule, J.) dated 31^st March, 2004 made in Nairobi High Court Civil Case No. 59 of 2003, in which the learned Judge upheld a preliminary objection against a motion by the appellants herein, namely, Sadrudin Kurji (1^st appellant) and Akbar Kurji (2^nd appellant) seeking a review of an earlier order of the same court. There are three respondents in the appeal, namely, Shalimar Limited (1^st respondent), Saz Caterers Limited, (2^nd respondent) and Zulfikar Rahemtulla (3^rd respondent). The background facts are short and straightforward.

On 26^th February, 1996, the 1^st respondent and the second, entered into an arbitration agreement concerning a dispute over the shareholding in the two companies and also over premises occupied by the 1^st respondent in Meridian Court. The arbitration agreement also covered the relationship of landlord and tenant between the 1^st respondent and Metropolitan Holdings Ltd. concerning rent…