[2020] KEHC 9835 (KLR)
The court found that the interim orders requiring deposit of money were made to preserve the subject matter pending the hearing and determination of the suit. Since the dispute was referred to arbitration and a final award was issued, and the application to set aside the award was dismissed, the dispute has been...
Source-derived case information.
- Citation
- [2020] KEHC 9835 (KLR)
- Parties
- Plaintiff: Comroad Construction & Equipment Limited; Defendant: Iberdrola Engineering & Construction Company
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 579 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Discharge Prior Court Orders Following Arbitration Award
- Outcome
- application allowed
- Judges
- F Tuiyott
- Legal Topics
- Arbitration Awards, Enforcement of Awards, Discharge of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Comroad Construction & Equipment Limited
Plaintiff
Iberdrola Engineering & Construction Company
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Discharge Prior Court Orders Following Arbitration Award
Legal Issues
- 1 Whether the orders made on 2nd July 2015 and issued on 9th July 2015 should be discharged following the final arbitral award.
- 2 Whether the dispute between the parties has been conclusively determined by arbitration.
Ratio Decidendi
The court found that the interim orders requiring deposit of money were made to preserve the subject matter pending the hearing and determination of the suit. Since the dispute was referred to arbitration and a final award was issued, and the application to set aside the award was dismissed, the dispute has been conclusively determined. Therefore, the purpose for which the interim orders were made no longer exists, and the orders are now spent. The application to discharge the orders is allowed with costs to the applicant.
Court Disposition
application allowed
Orders
- The Notice of Motion dated 17th June 2019 is allowed with costs.
- The orders made on 2nd July 2015 and issued on 9th July 2015 are discharged.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MILIMANI LAW COURTS
HCCC NO. 579 OF 2014
COMROAD CONSTRUCTION & ……………..………............. PLAINTIFF
EQUIPMENT LIMITED
VERSUS
IBERDROLA ENGINEERING & …………………….………. DEFENDANT
CONSTRUCTION COMPANY
RULING
1. The Notice of Motion dated 17th June 2019 is for allowing. It seeks the discharge of Orders made herein on 2nd July 2015 and issued on 9th July 2015.
2. A deposit of substantial amounts of money was ordered to be made pending the hearing and determination of this suit.
3. The dispute between the parties was referred to Arbitration and the Arbitral Tribunal determined it by way of a Final Award on 5th March 2019. This Court has just dismissed an Application to set aside the said award and the same holds. In essence the dispute has been heard and determined.
4. The purpose for which the orders made on 2nd July 2015 and issued on 9th July 2018 are now spent.
5. The Notice of Motion dated 17th June 2019 is allowed with costs.
Dated, Signed and Delivered in Court at Eldoret this 28th Day of April 2020
F. TUIYOTT
JUDGE
ORDER
In view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 17TH April 2020, this Ruling has been delivered to the parties through virtual platform.
F. TUIYOTT
JUDGE
PRESENT: