[2021] KEELC 2553 (KLR)
The court found that the application to adopt the arbitral award was unopposed, and that the requirements for adoption under Section 36 of the Arbitration Act were satisfied. The arbitral proceedings were properly conducted, the award was duly executed by the relevant parties, and there was no evidence of any...
Source-derived case information.
- Citation
- [2021] KEELC 2553 (KLR)
- Parties
- Applicant: Evangelizing Sisters of Mary; Respondent: Diocess of Ngong
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 355 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Arbitral Award
- Outcome
- Application granted; final arbitral award adopted as judgment of the court.
- Judges
- BM Eboso
- Legal Topics
- Arbitral Award Enforcement, Adoption of Award, Land Ownership Dispute, Arbitration Act Section 36
- 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
Evangelizing Sisters of Mary
Applicant
Diocess of Ngong
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Arbitral Award
Legal Issues
- 1 Whether the final arbitral award dated 13/7/2011 should be adopted as a judgment of the court.
- 2 Whether there is any valid objection to the adoption of the arbitral award.
Ratio Decidendi
The court found that the application to adopt the arbitral award was unopposed, and that the requirements for adoption under Section 36 of the Arbitration Act were satisfied. The arbitral proceedings were properly conducted, the award was duly executed by the relevant parties, and there was no evidence of any objection or challenge to the award. Accordingly, the court exercised its jurisdiction to adopt the final arbitral award dated 13/7/2011 as a judgment of the court, granting the application as prayed.
Court Disposition
Application granted; final arbitral award adopted as judgment of the court.
Orders
- The final arbitral award dated 13/7/2011 is adopted as a judgment of this court.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC MISC APPLICATION NO. 355 OF 2014
EVANGELIZING SISTERS OF MARY..............APPLICANT
=VERSUS=
DIOCESS OF NGONG..................................RESPONDENT
RULING
1. Through a chamber summons originally dated 10/10/2014 and subsequently amended on 17/6/2021, the Evangelizing Sisters of Mary invited the court to adopt the final arbitral award dated and published on 13/7/2011 as a judgement of this court and issue a decree thereupon. The application is unopposed. The court record has an affidavit of service sworn on 2/7/2021, indicating that the amended chamber summons together with a hearing notice were served on the respondent on 17/6/2021.
2. The application was orally canvassed in the plenary of the virtual court on 6/7/2021 by Mr Liech, counsel for the applicants. He relied on the supporting affidavit sworn by Sister Anna Mary Henrietta Nyangoma in which she deposed that the parties to this application had a dispute over ownership of Land Reference Number 23011, comprised in Grant No IR 5480, measuring approximately 10. 93 hectares and situated in Ngong, Kajiado County. Parties to the application voluntarily submitted themselves to an arbitral tribunal for the resolution of the dispute. Arbitral proceedings were conducted and a final arbitral award was rendered by the arbitral tribunal. The final arbitral award is dated 13/7/2011.
3. I have considered the application together with the supporting affidavit. I have also perused the final award. It is dated 13/7/2011. The arbitral tribunal consisted of a single arbitrator, Rev Fr Emmanuel Jada Patrisio, JCD, LLM. The award was countersigned by His Eminence John Cardinal Njue, Apostolic Administrator of Ngong Diocese, and Rev Fr John Orange Obaga on behalf of the Vica General of Ngong Diocese. On part of the applicants, the award was signed by Sr. Anna Mary Henrietta Nyangoma, Superior General, ESM and Sr Magdalene Massawe, Vicaress General ESM. Witnessing the final award were Rev Fr Calisto Nyagilo, Judicial Vicar, Archdioceses of Nairobi, and Miss Alma Bisagni, FMG.
4. In the absence of any objection to the adoption of the award, I will exercise my jurisdiction under Section 36 of the Arbitration Act and adopt the final award dated 13/7/2011 as a judgment of this court. Consequently, the chamber summons application dated 10/10/2014 and amended on 17/6/2021 is granted in terms of Prayer 1. There will be no order as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 14TH DAY OF JULY 2021.
B M EBOSO
JUDGE
In the Presence of: -
Mr. Liech for the Applicant
Court Assistant: June Nafula