JUDGMENT OF THE COURT
By a plaint filed in the superior court on 30th 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 27th February, 2002 the appellant entered appearance to the said suit. Strangely, the appearance is dated 4th March, 2002, but was actually filed in the superior court on 27th February, 2002. Some 14 days later, on 13th 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…