[2019] KEELC 3580 (KLR)
The court exercised its discretion under Section 19 of the Environment and Land Court Act to refer the dispute to arbitration, considering that both parties had filed interlocutory applications and that written submissions had been directed. The court determined that arbitration was the appropriate forum for...
Source-derived case information.
- Citation
- [2019] KEELC 3580 (KLR)
- Parties
- Plaintiff: Miriam Wangari Gatoru; Plaintiff: Robert Crippa; Defendant: Sunset Boulevard Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1324 of 2016
- Procedural Posture
- Civil Case / Directions on Interlocutory Applications
- Outcome
- Dispute referred to arbitration; status quo to be maintained.
- Judges
- LC Komingoi
- Legal Topics
- Arbitration Referral, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Wangari Gatoru
Plaintiff
Robert Crippa
Plaintiff
Sunset Boulevard Limited
Defendant
Procedural Posture
Civil Case / Directions on Interlocutory Applications
Legal Issues
- 1 Whether the dispute should be referred to arbitration under Section 19 of the ELC Act.
- 2 Whether the status quo should be maintained pending arbitration.
Ratio Decidendi
The court exercised its discretion under Section 19 of the Environment and Land Court Act to refer the dispute to arbitration, considering that both parties had filed interlocutory applications and that written submissions had been directed. The court determined that arbitration was the appropriate forum for resolution of the dispute and ordered that the status quo be maintained in the interim to preserve the subject matter pending the outcome of arbitration.
Court Disposition
Dispute referred to arbitration; status quo to be maintained.
Orders
- The dispute is referred to arbitration under Section 19 of the ELC Act.
- The status quo prevailing as at the date of this order shall be maintained pending arbitration.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CIVIL CASE NO. 1324 OF 2016
MIRIAM WANGARI GATORU &
ROBERT CRIPPA..........................................................PLAINTIFFS
=VERSUS=
SUNSET BOULEVARD LIMITED.............................DEFENDANT
DIRECTIONS
1. There are two applications pending. The plaintiffs’ notice of motion dated 27th October 2016 and the defendant’s notice of motion dated 8th November 2016. Directions for hearing for the applications were given way back on 31st March 2017. The parties were directed to file written submissions.
2. I am guided by Section 19 of the ELC Act in directing that the dispute herein be referred to arbitration. In the meantime the status quo prevailing be maintained.
It is so ordered.
Dated, signed and delivered in Nairobi on this 30TH day of APRIL 2019.
...........................
L. KOMINGOI
JUDGE
In the presence of:-
.....................................Advocate for the Plaintiffs
....................................Advocate for the Defendant
........................................................Court Assistant