[2006] KEHC 3561 (KLR)

[2006] KEHC 3561 (KLR)

The court found that the primary reason for the previous stay and setting aside of enforcement orders was the existence of pending suits in the Magistrate's court and High Court. Since those suits have now been withdrawn, there is no longer any impediment to hearing the chamber summons dated 24th June 2004 de novo. The court held that the issue of service of the notice of filing the arbitral award had already been canvassed and was not a sufficient ground to refuse the orders sought. Furthermore, the court determined that the pending issue of costs in the withdrawn suits does not mean the suits are still subsisting, and the respondent is free to pursue costs separately. The court...

Citation
[2006] KEHC 3561 (KLR)
Parties
Appellant: Francis K.E. Hinga; Respondent: George B. Nyanja
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 October 2006
Case Number
? 472 of 2004
Procedural Posture
Miscellaneous Application / Ruling on Application to Have Chamber Summons Heard De Novo After Withdrawal of Related Suits
Outcome
Application granted.
Judges
MM Kasango
Legal Topics
Arbitral Award Enforcement, Withdrawal of Suit, Service of Notice, Costs Award
Source Language
English
Alternative Dispute Resolution Civil Procedure Arbitral Award Enforcement Withdrawal of Suit Service of Notice Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Francis K.E. Hinga

Appellant

George B. Nyanja

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Have Chamber Summons Heard De Novo After Withdrawal of Related Suits

Legal Issues

  1. 1 Whether the chamber summons dated 24th June 2004 should be heard de novo after withdrawal of related suits.
  2. 2 Whether the absence of a determination of costs in withdrawn suits bars the hearing of the application.
  3. 3 Whether alleged non-service of notice of filing the arbitral award is a sufficient ground to refuse the orders sought.

Ratio Decidendi

The court found that the primary reason for the previous stay and setting aside of enforcement orders was the existence of pending suits in the Magistrate's court and High Court. Since those suits have now been withdrawn, there is no longer any impediment to hearing the chamber summons dated 24th June 2004 de novo. The court held that the issue of service of the notice of filing the arbitral award had already been canvassed and was not a sufficient ground to refuse the orders sought. Furthermore, the court determined that the pending issue of costs in the withdrawn suits does not mean the suits are still subsisting, and the respondent is free to pursue costs separately. The court...

Court Disposition

Application granted.

Orders

  • The chamber summons dated 24th June 2004 shall be heard de novo at a date to be given by the registry.
  • The costs of the notice of motion dated 6th March 2006 shall be in the cause.