[2013] KEHC 1504 (KLR)
The court determined that, considering the pleadings and the nature of the contracts at issue, the dispute was appropriate for referral to mediation. Exercising its discretion under Order 46 rule 20 of the Civil Procedure Rules, the court directed the parties to jointly appoint a suitably qualified mediator,...
Source-derived case information.
- Citation
- [2013] KEHC 1504 (KLR)
- Parties
- Plaintiff: Abdul Omar Mohamed; Defendant: Fiore Di Waridi Enterprises
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 167 of 2011
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion for Referral to Alternative Dispute Resolution
- Outcome
- Application allowed in part; dispute referred to mediation.
- Judges
- CW Meoli
- Legal Topics
- Referral to Mediation, Court Directed Adr, Appointment of Mediator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdul Omar Mohamed
Plaintiff
Fiore Di Waridi Enterprises
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion for Referral to Alternative Dispute Resolution
Legal Issues
- 1 Whether the dispute should be referred to arbitration, mediation, or other alternative dispute resolution mechanisms.
- 2 Whether the court should set a time limit for the resolution and award.
Ratio Decidendi
The court determined that, considering the pleadings and the nature of the contracts at issue, the dispute was appropriate for referral to mediation. Exercising its discretion under Order 46 rule 20 of the Civil Procedure Rules, the court directed the parties to jointly appoint a suitably qualified mediator, preferably an architect or quantity surveyor, within thirty days. The mediator is to commence mediation immediately upon appointment and file an award or report within three months. The court found this approach suitable to facilitate an efficient and specialized resolution of the dispute, in line with the objectives of alternative dispute resolution mechanisms.
Court Disposition
Application allowed in part; dispute referred to mediation.
Orders
- Parties to jointly appoint a suitably qualified mediator, preferably an architect or quantity surveyor, within thirty (30) days.
- Mediator to commence mediation immediately upon appointment and file award/report within three (3) months of appointment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
CIVIL SUIT NO. 167 OF 2011
ABDUL OMAR MOHAMED.......................PLAINTIFF
VERSUS
FIORE DI WARIDI ENTERPRISES …........DEFENDANT
RULING
The Plaintiff's Notice of Motion filed on 15th June, 2012 seeks orders that:
“a) THAT this honourable Court be pleased to refer the dispute herein to arbitration and/or mediation and/or any other means of dispute resolution it may deem appropriate.
b) THAT this honourable Court be further pleased to set a time limit within which the dispute is to be resolved and award made.”
The Notice of Motion is based on the Plaintiff's affidavit. The Defendant opposed the application. By consent parties filed written submissions. Having carefully considered these submissions in light of the pleadings herein and in particular, the nature of the contracts which are the subject matter herein, I am satisfied that this is a proper matter for referral to mediation.
In terms of Order 46 rule 20 of the Civil procedure Rules I direct that the parties herein do jointly appoint a suitably qualified mediator, preferably an architect or quantity surveyor for purposes of mediation. Such appointment will be done within thirty (30) days of today's date. The mediator is to commence mediation immediately upon his appointment and file his award/report into the court within three (3) months of his appointment.
Costs will be in the cause.
The delay in delivering this ruling was occasioned by election petitions' calendar and is regretted.
Delivered and signed at Malindi this 4thday of November, 2013 in the presence of Mr. Obaga holding brief for Mr. Mwadilo for the Plaintiff.
Court clerk - Samwel
C. W. Meoli
JUDGE