[2006] KEHC 667 (KLR)
The court found that the parties had validly submitted their dispute to arbitration, resulting in an award in favour of the applicant. The respondent had not challenged or sought to set aside the award under the relevant statutory provisions. The applicant satisfied all legal requirements for enforcement under the...
Source-derived case information.
- Citation
- [2006] KEHC 667 (KLR)
- Parties
- Applicant: Francis K.E. Hinga; Respondent: George B. Nyanja
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 472 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Recognize and Enforce Arbitral Award
- Outcome
- application allowed; arbitral award recognized and enforced as decree; costs to applicant
- Judges
- MM Kasango
- Legal Topics
- Arbitral Award Enforcement, Recognition of Awards, Arbitration Act Application
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis K.E. Hinga
Applicant
George B. Nyanja
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Recognize and Enforce Arbitral Award
Legal Issues
- 1 Whether the arbitral award dated 7.1.2003 should be recognized and enforced as a decree of the court.
- 2 Whether the respondent has applied to set aside the arbitral award under Section 35 of the Arbitration Act, 1995.
- 3 Whether the claimant has satisfied all legal requirements for enforcement of the arbitral award.
Ratio Decidendi
The court found that the parties had validly submitted their dispute to arbitration, resulting in an award in favour of the applicant. The respondent had not challenged or sought to set aside the award under the relevant statutory provisions. The applicant satisfied all legal requirements for enforcement under the Arbitration Act, 1995. There being no legal impediment, the court recognized the arbitral award and entered judgment in its terms, ordering enforcement as a decree of the court and awarding costs to the applicant.
Court Disposition
application allowed; arbitral award recognized and enforced as decree; costs to applicant
Orders
- The arbitral award made on 7.1.2003 by James Kinyua and Robert Kamiti is hereby recognized.
- Judgment is entered in terms of the award and the same is to be enforced as a decree of this court.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc Appli 472 of 2004
FRANCIS K.E. HINGA …………………………………….. PLAINTIFF
VERSUS
GEORGE B. NYANJA ………….……………………... DEFENDANT
R U L I N G
This is an application brought under Section 36 of the Arbitration Act, 1995; Rule 6 of the Arbitration Rules, 1997 and all other enabling and empowering powers and provisions of the law. The application is by the claimant who seeks an order that the award made on 7. 1.2003 by Arbitrators James Kinyua and Robert Kamiti be recognized as binding and be enforced between the parties herein and a decree of this Court do issue in accordance therewith. The claimant also seeks costs and expenses as are incidental to the enforcement and execution of the award.
The application which is supported by an affidavit of the claimant is based upon the following grounds:-
(1) That by agreement the claimant/applicant and the
respondent herein submitted the dispute between them
to arbitration;
(2) That in an award dated 7. 1.2003 the said arbitrators
awarded the claimant/applicant the sum of
Kshs.1,602,500. 00;
(3) That the respondent has refused, neglected or
otherwise failed to pay the said sum of Kshs.1,602,500. 00;
(4) That the respondent has to-date not applied to
set aside the award under Section 35 of the Arbitration
Act, 1995 or at all.
I have perused the affidavit in support of the application. I have also perused the record of this matter. I have finally given due consideration to the submissions made to me by Counsel for the claimant. Having done so, I am satisfied that all the legal requirements have been met by the claimant/applicant. There is therefore no impediment to the grant of the orders sought. There is no doubt that an arbitral award was made in favour of the claimant. A copy of the same is exhibited as “A” by the applicant in his supporting affidavit. The same was duly filed and no application to set it aside has been made. The award is binding upon both parties and the respondent has not satisfied the same. In the premises the application is merited. Accordingly I make the following orders:-
(1) That the arbitral award made on7. 1.2003 by
M/S James Kinyua and Robert Kamiti be and
is hereby recognized;
(2) That judgment be and is hereby entered in terms
of the award and the same be enforced as a decree
of this court.
(3) That the respondent do bear the costs of this
application as well as such costs and expenses as
are incidental to the enforcement and execution
thereof.
Orders accordingly.
DATEDat NAIROBI this 19th day of December 2006.
F. AZANGALALA
JUDGE
MARY KASANGO
JUDGE