[2000] KEHC 292 (KLR)

[2000] KEHC 292 (KLR)

The court found that since no application had been made under Rules 12, 13, 14 or 15 of Order 45 of the Civil Procedure Rules to set aside or remit the arbitration award, it was proper to enter judgment in terms of the award as filed and read to the parties. The court further held that the second prayer in the application was premature and should be stood over generally. The plaintiff was awarded half the costs of the application, reflecting partial success.

Citation
[2000] KEHC 292 (KLR)
Parties
Plaintiff: Benson Osumo Ogechi; Defendant: Kerubo Amima
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
11 April 2000
Case Number
? 389 of 1996
Procedural Posture
Civil Case / Ruling on Application for Judgment on Arbitration Award
Outcome
Judgment entered in terms of the arbitration award; prayer no.(2) stood over generally; plaintiff awarded half costs of the application.
Legal Topics
Arbitration Award Enforcement, Entry of Judgment, Costs of Application
Source Language
English
Civil Procedure Arbitration Award Enforcement Entry of Judgment Costs of Application

Case Brief

Summary, issues, holding and outcome

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Parties

Benson Osumo Ogechi

Plaintiff

Kerubo Amima

Defendant

Procedural Posture

Civil Case / Ruling on Application for Judgment on Arbitration Award

Legal Issues

  1. 1 Whether judgment should be entered in terms of the arbitration award filed in court and read to the parties.
  2. 2 Whether the plaintiff is entitled to costs of the application.
  3. 3 Whether prayer no.(2) of the application is ripe for determination.

Ratio Decidendi

The court found that since no application had been made under Rules 12, 13, 14 or 15 of Order 45 of the Civil Procedure Rules to set aside or remit the arbitration award, it was proper to enter judgment in terms of the award as filed and read to the parties. The court further held that the second prayer in the application was premature and should be stood over generally. The plaintiff was awarded half the costs of the application, reflecting partial success.

Court Disposition

Judgment entered in terms of the arbitration award; prayer no.(2) stood over generally; plaintiff awarded half costs of the application.

Orders

  • Judgment is entered in terms of the arbitration award filed in court on 20/11/98 and read to the parties on 28/6/99.
  • Prayer no.(2) of the application is stood over generally.