Paragon Electronics Limited v Kariuki (Arbitrator); Esufali & another (Interested Parties) [2024] KEHC 14207 (KLR)

Paragon Electronics Limited v Kariuki (Arbitrator); Esufali & another (Interested Parties) (Miscellaneous Application E006 of 2022) [2024] KEHC 14207 (KLR) (Civ) (8 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14207 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Miscellaneous Application E006 of 2022

AN Ongeri, J

November 8, 2024

Between

Paragon Electronics Limited

Plaintiff

and

Njeri Kariuki (Arbitrator)

Defendant

and

Yusuf Sharafally Esurali

Interested Party

Amama Yusuf Esufali

Interested Party

Ruling

1. The parties herein agreed on 8/11/2023 that the Respondent ceases to be the arbitrator between the Applicant and the Respondent.

2. The matter was referred to mediation but no settlement was reached between the Applicant therein and the Interested Party.

3. I direct that the parties agree on the fee payable to the Respondent within 30 days of this date.

4. Failure to agree, the Respondent is at liberty to file an application for determination of the same under Section 14 and 16 of the Arbitration Act.

5. The Applicant and the Interested Party are at liberty to agree on the way forward concerning their dispute.

6. This file is accordingly marked as closed.

7. Each party to bear their own costs of this suit.

DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 8TH DAY OF NOVEMBER, 2024. ………………………A. N. ONGERIJUDGEIn the presence of:…………………………… for the Plaintiff…………………………… for the Defendant…………………………… For the Interested Parties