When the suit came up for hearing on the 16th May, 2025, learned counsel for the defendant raised a point of law in respect to the propriety of this suit before this court based on the provisions in clause 6 of the
marram excavation agreements, the premises upon which this suit was instituted. Learned counsel submitted that this suit is prematurely before this hon. Court, since in his view, Section 40 of the Arbitration and Conciliation Act, cap 5 empowers this hon. Court to order a stay of proceedings and refer the matter to an arbitrator. Learned counsel also cited for court Order 47 Rule1(1) for the proposition that where parties
to a suit agree to undergo arbitration and are not under any disability, they may apply for an order of reference to undergo arbitration. Learned counsel concluded imploring court to invoke Section 5 of the Arbitration
and conciliation Act and stay these proceedings until mediation is concluded.
Plaintiff’s argument in reply:
Learned counsel for the plaintiff who literary was ambushed with the preliminary objection sought and was granted leave to file his written reply.
FULL JUDGEMENT
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