JUDGMENT OF THE COURT
This is an appeal from the ruling of the High Court (O. K. Mutungi J.) given on 27th April 2004 dismissing the appellant’s application against the respondent for stay of proceedings under section 6 of the Arbitration Act.
Background
The facts, as they emerge from the record are that in 1993 Michael John Beckett (Beckett) the respondent, insured his vehicle, a Mitsubishi Pajero then bearing English registration number K941 VFC and subsequently registered in Kenya as vehicle registration number KAD 193K (the insured vehicle), with UAP Provincial Insurance Company Limited (UAP) the appellant, under a comprehensive private car policy (the Policy).
On 18th December 1993, during the currency of the policy, the insured vehicle was stolen. Beckett lodged a claim with UAP on 20th December 1993. As Beckett waited for satisfaction of the claim, he received a letter dated 24th March 1994 from UAP requesting for documentary proof of payment of import duty for the insured vehicle …