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Shaheen Kossar v. Razak Maqbool Ahmed & Sabia Kosar

(2019) JELR 94265 (CA)

Court of Appeal  •  Civil Appeal 169 of 2016  •  8 Mar 2019  •  Kenya

Coram
William Ouko, James Otieno Odek, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Razak Maqbool Ahmed and Sabia Kosar ( hereinafter the ‘1st respondent and ‘2nd respondent respectively) lodged an Originating Summons dated 17th December, 2013 at the High Court at Nairobi (Milimani) on 14th February, 2014 seeking the following orders against Shaheen Kossar ( hereinafter the ‘ appellant’):-

1. THAT the contract made on 1st September 2006, with the Respondent provide for arbitration upon any contractual dispute arising.

2. THAT the respondent has failed / neglected and refused to concur with the appointment of an arbitrator causing applicants to apply for this Honourable Court to confirm the appointment of Mohamed Yunis Sroya.

3. THAT the court do confirm the appointment of Mohamed Yunis Sroya as arbitrator of the dispute between the parties as defined in the Arbitration Act and as per the parties agreed.

4. THAT the cost of this application be met by the respondent”.

A brief background that led to the institution of the suit as stated by the responden…

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