[2005] KEHC 918 (KLR)

[2005] KEHC 918 (KLR)

The court found that the applicant had complied with all necessary legal provisions for enforcement of an arbitral award under section 36 of the Arbitration Act, 1995 and the Arbitration Rules, 1997. The affidavit evidence demonstrated that due notice of filing had been given, the award and arbitral agreement were...

Source-derived case information.

Citation
[2005] KEHC 918 (KLR)
Parties
Applicant: Adrian Mambili Meja; Respondent: Trident Insurance Company Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
? 519 of 2005
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Enforce Arbitral Award
Outcome
application granted
Legal Topics
Arbitral Awards, Enforcement of Awards, Arbitration Act Procedure
Source Language
en
Alternative Dispute Resolution Commercial and Corporate Arbitral Awards Enforcement of Awards Arbitration Act Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Adrian Mambili Meja

Applicant

Trident Insurance Company Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Enforce Arbitral Award

Legal Issues

  1. 1 Whether the applicant is entitled to leave to enforce the arbitral award as a decree of the court.
  2. 2 Whether all statutory requirements for enforcement under the Arbitration Act, 1995 have been met.

Ratio Decidendi

The court found that the applicant had complied with all necessary legal provisions for enforcement of an arbitral award under section 36 of the Arbitration Act, 1995 and the Arbitration Rules, 1997. The affidavit evidence demonstrated that due notice of filing had been given, the award and arbitral agreement were properly annexed, and there was no pending application to set aside the award. As all statutory requirements were satisfied, the court granted leave to enforce the arbitral award as a decree of the court, with costs to the applicant.

Court Disposition

application granted

Orders

  • Leave is granted to enforce the arbitral award as a decree of the court.
  • The applicant is awarded costs of the application.