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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14207/eng@2024-11-08 1
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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. ONGERI JUDGE In the presence of:…………………………… for the Plaintiff …………………………… for the Defendant …………………………… For the Interested Parties https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14207/eng@2024-11-08 2
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