[2020] KEHC 9723 (KLR)

[2020] KEHC 9723 (KLR)

The court found that the respondent was duly served with all relevant notices and documents pertaining to the arbitral proceedings and the application to enforce the award. The respondent's failure to participate in the arbitration, despite being given multiple opportunities and clear notice, amounted to a waiver of its right to object to the proceedings or the award. The grounds advanced by the respondent for setting aside the award—namely, lack of notice and public policy—were not supported by the evidence, which showed ample and uncontroverted service and opportunity to be heard. The court further held that the arbitral award had already been recognized and enforced by a prior court...

Citation
[2020] KEHC 9723 (KLR)
Parties
Applicant: Digital Divide Data Kenya Ltd.; Respondent: Coretec Systems and Solutions Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
23 April 2020
Case Number
Miscellaneous Civil Application E052, 341 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Consolidated Applications to Set Aside Arbitral Award, Stay Execution, and Deposit Security
Outcome
Application to set aside arbitral award dismissed with costs to the applicant. Applications for stay of execution and deposit of security dismissed as overtaken by events.
Judges
WA Okwany
Legal Topics
Arbitration Award Enforcement, Setting Aside Arbitral Award, Service of Process, Public Policy Exception, Waiver of Rights, Court Intervention in Arbitration
Source Language
English
Commercial and Corporate Civil Procedure Alternative Dispute Resolution Arbitration Award Enforcement Setting Aside Arbitral Award Service of Process Public Policy Exception Waiver of Rights +1 more

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Parties

Digital Divide Data Kenya Ltd.

Applicant

Coretec Systems and Solutions Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Consolidated Applications to Set Aside Arbitral Award, Stay Execution, and Deposit Security

Legal Issues

  1. 1 Whether service of the application to enforce the arbitral award was properly effected on the respondent.
  2. 2 Whether the arbitral award should be set aside on grounds of lack of notice and public policy.
  3. 3 Whether a stay of execution of the decree should be granted.

Ratio Decidendi

The court found that the respondent was duly served with all relevant notices and documents pertaining to the arbitral proceedings and the application to enforce the award. The respondent's failure to participate in the arbitration, despite being given multiple opportunities and clear notice, amounted to a waiver of its right to object to the proceedings or the award. The grounds advanced by the respondent for setting aside the award—namely, lack of notice and public policy—were not supported by the evidence, which showed ample and uncontroverted service and opportunity to be heard. The court further held that the arbitral award had already been recognized and enforced by a prior court...

Court Disposition

Application to set aside arbitral award dismissed with costs to the applicant. Applications for stay of execution and deposit of security dismissed as overtaken by events.

Orders

  • The application dated 1st August 2018 to set aside the arbitral award is dismissed with costs to the applicant.
  • Applications for stay of execution and for deposit of security are dismissed as overtaken by events.