WESTMONT POWER KENYA LIMITED V. KENYA OIL COMPANY LTD

JUDGMENT OF THE COURT

By a plaint filed in the superior court on 30^th January, 2002, the respondent commenced proceedings against the appellant claiming a sum of Kshs.33,360,625.40/= being the balance of the agreed purchase price of goods sold and delivered by it to the appellant at Mombasa during the year 1998.

On 27^th February, 2002 the appellant entered appearance to the said suit. Strangely, the appearance is dated 4^th March, 2002, but was actually filed in the superior court on 27^th February, 2002. Some 14 days later, on 13^th March, 2002, the appellant lodged an application before the superior court, by way of chamber summons under section 6 (1) of the Arbitration Act, 1995 (the Act) seeking essentially two orders - that the proceedings before the superior court be stayed, and the dispute be referred to arbitration on the ground that the dispute was the subject matter of an arbitration agreement between the parties. That application was supported by the affidavit of Sanjay Ajit Sin…