[2021] KEELC 112 (KLR)
The court found that the Plaintiffs' application to file the arbitral award and additional award in court was merited, as it complied with the procedural requirements under Section 4(1) of the Arbitration Rules, 1997. There was no opposition from the Defendant, nor any application to set aside the award. The court...
Source-derived case information.
- Citation
- [2021] KEELC 112 (KLR)
- Parties
- Plaintiff: Godfrey Kiarie Kimani; Plaintiff: Mary Wangui Mungai Kiarie; Plaintiff: Moses Ndirangu Mubea; Plaintiff: Zipporah Wambui Ndirangu; Defendant: Ryan Properties Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 666 of 2017
- Procedural Posture
- Civil Case / Ruling on Notice of Motion to File Arbitral Award
- Outcome
- Application allowed as drawn.
- Judges
- LN Mbugua
- Legal Topics
- Arbitral Award Enforcement, Recognition of Arbitral Awards, Sale of Land Disputes
- 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
Godfrey Kiarie Kimani
Plaintiff
Mary Wangui Mungai Kiarie
Plaintiff
Moses Ndirangu Mubea
Plaintiff
Zipporah Wambui Ndirangu
Plaintiff
Ryan Properties Limited
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion to File Arbitral Award
Legal Issues
- 1 Whether the arbitral award and additional award should be filed in court under Section 4(1) of the Arbitration Rules, 1997.
- 2 Whether there is any legal impediment to the filing and enforcement of the arbitral awards.
Ratio Decidendi
The court found that the Plaintiffs' application to file the arbitral award and additional award in court was merited, as it complied with the procedural requirements under Section 4(1) of the Arbitration Rules, 1997. There was no opposition from the Defendant, nor any application to set aside the award. The court emphasized the statutory and constitutional mandate to recognize and promote arbitration as an alternative dispute resolution mechanism. Accordingly, the court allowed the application as drawn, permitting the filing of the arbitral awards in court.
Court Disposition
Application allowed as drawn.
Orders
- The arbitral award dated 30th November 2020 and additional award/clarification dated 4th June 2021 are to be filed in court under Section 4(1) of the Arbitration Rules, 1997.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO. 666 OF 2017
GODFREY KIARIE KIMANI & MARY WANGUI MUNGAI KIARIE..........1ST PLAINTIFFS
MOSES NDIRANGU MUBEA & ZIPPORAH WAMBUI NDIRANGU..........2ND PLAINTIFFS
VERSUS
RYAN PROPERTIES LIMITED................................................................................DEFENDANT
RULING
1. Before me is a Notice of Motion application dated 23rd July 2021 where the Plaintiffs are seeking the following order;
i. THAT the Arbitral Award dated 30th November, 2020 and Additional Award/Clarification of the award dated 4th June, 2021 be filed in Court under Section 4 (1) of the Arbitration Rules, 1997.
2. The application supported by the Plaintiffs’ advocate’s affidavit dated 23rd July 2021 is premised on grounds that Section 4 (1) of theArbitration Rules, 1997, provides that an arbitration award should be lodged in court before an application for its enforcement is made. The award dated 30th November 2020 and additional award dated 4th June 2021 made in favour of the Plaintiffs was as a result of a dispute over sale agreement dated 2nd April 2012 between the Plaintiffs and the Defendant.
3. No replying affidavit was filed.
4. Article 159(2) (c)of the Constitution of Kenya, 2010 provides that:
“In exercising judicial authority, the courts and tribunals shall be guided by … alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted…”
5. Further, Section 36of the Arbitration Act provides for the recognition and enforcement of arbitration awards as follows:
“(1) A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37. ”
6. There is no indication on record that the Defendant has contested the award or has sought for it to be set aside. The Defendant has also not filed a replying affidavit to the application. In the circumstances, I find that the The application dated 23rd July 2021 ismerited, the same ishereby allowedas drawn.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OFDECEMBER, 2021THROUGH MICROSOFT TEAMS.
LUCY N. MBUGUA
JUDGE
In the presence of:-
Wamai for the Plaintiff
Court Assistant: Eddel Barasa