[2020] KEHC 10191 (KLR)
The court found that the applicants had established their entitlement to enforcement of the arbitral awards as decrees of the court. The respondents were given an opportunity to respond but failed to file any opposition or application to set aside or stay the awards. In the absence of any challenge to the awards and...
Source-derived case information.
- Citation
- [2020] KEHC 10191 (KLR)
- Parties
- Applicant: Alpha Grain Millers Limited; Applicant: Capwell Industries Limited; Applicant: Kabansora Millers Limited; Applicant: Karibu Flour Mills Limited; Applicant: Kitui Flour Mills Limited; Applicant: Mombasa Maize Millers Limited; Applicant: Osho Grain Millers Limited; Applicant: Pembe Flour Mills Limited; Respondent: Ministry of Agriculture, Livestock and Fisheries; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E871 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Enforce Arbitral Award
- Outcome
- Application allowed as prayed with costs to the applicants.
- Judges
- WA Okwany
- Legal Topics
- Arbitral Award Enforcement, Non Opposition to Application, Final and Interim Awards, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alpha Grain Millers Limited
Applicant
Capwell Industries Limited
Applicant
Kabansora Millers Limited
Applicant
Karibu Flour Mills Limited
Applicant
Kitui Flour Mills Limited
Applicant
Mombasa Maize Millers Limited
Applicant
Osho Grain Millers Limited
Applicant
Pembe Flour Mills Limited
Applicant
Ministry of Agriculture, Livestock and Fisheries
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Enforce Arbitral Award
Legal Issues
- 1 Whether the applicants are entitled to enforcement of the arbitral awards as decrees of the court.
- 2 Whether the respondents have opposed or applied to set aside or stay enforcement of the arbitral awards.
- 3 Whether costs should be awarded to the applicants.
Ratio Decidendi
The court found that the applicants had established their entitlement to enforcement of the arbitral awards as decrees of the court. The respondents were given an opportunity to respond but failed to file any opposition or application to set aside or stay the awards. In the absence of any challenge to the awards and given the unopposed nature of the application, the court held that the application was merited and allowed it with costs to the applicants.
Court Disposition
Application allowed as prayed with costs to the applicants.
Orders
- Leave is granted to enforce the Interim Award made and published on 2nd December 2019 and Addendum to the Interim Award made and published on 17th January 2020 as decrees of the court.
- Leave is granted to enforce the Final Arbitral Award made and published on 30th May 2020 as a decree of the court.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS APPLICATION NO. E871 OF 2020
ALPHA GRAIN MILLERS LIMITED.................................................1ST APPLICANT
CAPWELL INDUSTRIES LIMITED .................................................2ND APPLICANT
KABANSORA MILLERS LIMITED ................................................3RD APPLICANT
KARIBU FLOUR MILLS LIMITED ................................................4TH APPLICANT
KITUI FLOUR MILLS LIMITED ....................................................5TH APPLICANT
MOMBASA MAIZE MILLERS LIMITED .......................................6TH APPLICANT
OSHO GRAIN MILLERS LIMITED................................................7TH APPLICANT
PEMBE FLOUR MILLS LIMITED...................................................8TH APPLICANT
VERSUS
MINISTRY OF AGRICULTURE, LIVESTOCK
AND FISHERIES.............................................................................1ST RESPONDENT
ATTORNEY GENERAL..................................................................2ND RESPONDENT
RULING
1. Through the application dated 16th July 2010, the applicants herein sought orders that; -
1. Spent
2. Leave be granted to enforce the following Awards as Preliminary and Final Decrees of the court.
a) Interim Award made and published on 2nd December 2019 and Addendum to the Interim Award made and published on 17th January 2020.
b) Final Arbitral Award made and published on 30th May 2020.
3. The costs of this application awarded to the applicants.
2. The application is supported by the affidavit of the 2nd Applicant’s Group head of Business Mr. Mahesh Chavda and is premised on the grounds that following the appointment of Mr. John Ohaga as the sole Arbitrator and after hearing the respective parties, the Arbitrator published an Interim Award on 2nd December 2019, Addendum to Interim Award on 17th January 2020 and a Final Award on 30th May 2020.
3. The applicants state that the Final Award granted the applicants the sum of Kshs 2,737,714,072. 51/= which amount the respondents have not settled despite several demands.
4. It is the applicant’s case that no application to set aside or stay of the enforcement of the Arbitral Award has been made by the respondents and that the instant application should be allowed.
5. When the matter came up for directions on 29th July 2020, the court directed the respondents to file a replying affidavit to the application within 14 days. However, as at 7th October 2020 when the matter came up for hearing, the respondents had not filed any response the application whereupon Mr. Gichuhi, learned counsel for the applicants moved the court to allow the prayers sought in the application dated 6th July 2020 as the same stood unopposed.
6. I have perused the pleadings and proceedings herein and I note that indeed, respondents have not filed any response to the instant application. I further note Mr. Odhiambo appeared for the respondent on 7th October 2020 after the case had been mentioned and confirmed that the respondents had not tendered any response to the application.
7. In the circumstances of this case and after perusing the application, I find that it is not only merited bur is also unopposed and I therefore allow it with costs to the applicants.
Dated, signed and delivered via Microsoft Teams at Nairobi this 15th day of October 2020in view of the declaration of measures restricting court operations due to Coved -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Mr. Gichuhi for the 8 applicants
No appearance for the respondents
Court Assistant: Silvia