[2015] KEHC 4549 (KLR)
The court found that the applicant had satisfied the requirements of Section 36(1) of the Arbitration Act by presenting a valid arbitral award and seeking its adoption as a decree of the court. The application was duly served and remained unopposed. The court was satisfied that the application was merited and...
Source-derived case information.
- Citation
- [2015] KEHC 4549 (KLR)
- Parties
- Applicant: Golden Homes (Management) Limited; Respondent: Mohammed Fakhrudinn Abdullai; Respondent: Alibhai Habiba Mohamed; Interested Party: Golden Homes Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 157 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Arbitral Award as Court Decree
- Outcome
- Application allowed as prayed.
- Judges
- DO Ogembo
- Legal Topics
- Arbitral Award Enforcement, Recognition of Awards, Costs and Interest, Application for Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Golden Homes (Management) Limited
Applicant
Mohammed Fakhrudinn Abdullai
Respondent
Alibhai Habiba Mohamed
Respondent
Golden Homes Limited
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Arbitral Award as Court Decree
Legal Issues
- 1 Whether the arbitral award made on 21st November 2014 should be adopted as a decree of the court.
- 2 Whether the application complies with Section 36(1) of the Arbitration Act.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had satisfied the requirements of Section 36(1) of the Arbitration Act by presenting a valid arbitral award and seeking its adoption as a decree of the court. The application was duly served and remained unopposed. The court was satisfied that the application was merited and complied with the law, and therefore allowed the application as prayed, granting the adoption of the arbitral award as a decree of the court with costs in the cause.
Court Disposition
Application allowed as prayed.
Orders
- The arbitral award made by Ms. Sylvia Michelle Kithinji on 21st November 2014 is adopted as a decree of the court.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
MISC. APPLICATION NO. 157 OF 2015
GOLDEN HOMES (MANAGEMENT) LIMITED :::::::::::::::::::: APPLICANT
-VERSUS-
MOHAMMED FAKHRUDDINN ABDULLAI :::::::::::: 1ST RESPONDENT
ALIBHAI HABIBA MOHAMED ::::::::::::::::::::::::::::: 2ND RESPONDENT
GOLDEN HOMES LIMITED :::::::::::::::::::::::::::::: INTERESTED PARTY
R U L I N G
INTRODUCTION
1. The application before the court is an ex-parte Chamber Summons dated 30th March 2015and filed in court on 1st April 2015, by th Applicant. The application seeks orders that:-
1. This honorable court be pleased to adopt the arbitral award made by Ms. Sylivia Michelle Kithinji, sole arbitrator on 21st November 2014 as a decree of this honourable court.
2. The costs of this application be provided for.
2. The application is premised on the grounds that:-
1. A final arbitral award was made and published by Ms. Sylivia Michelle Kithinji, sole arbitrator on the 21st November 2014 in respect of the dispute between the parties herein.
2. By virtue of Section 36 (1) of the Arbitration Act, 49 Laws of Kenya, the said award is capable of being recognized as binding and shall be enforced by this honorable court.
3. Hence it is necessary for a decree to be issued by this Honorable court so as to enable the Applicant to enforce this award as against the Respondent who has since paid only part of the required charges, that is, Kshs.305,000,00 and still pending to be settled are cost and interests of the proceedings which are yet to be computed at court rates and to be paid by the Respondent.
3. The application is supported by affidavit of Francis John Wanyage dated 30th March 2015, who states that he is the Managing Director of the Applicant. That the relationship between the parties herein began on 19th April 2010 when the parties entered into a lease agreement for provisions of housing facilities by the Applicant herein to the 1st and 2nd Respondents. Ms. Silvia Michelle Kithinji was appointed by the parties as the sole arbitrator to determine the dispute. The arbitration proceedings were conducted and parties presented their cases before the arbitrator, Sylvia Michelle Kithinji. The final arbitral award was made and published on the 21st November 2014. By virtue of Section 36 (1) of the Arbitration Act, Cap 49 of the Law of Kenya, the said award is capable of being recognized as binding and shall be enforced by this court. The fact of this publication of the final award has been drawn to the attention of the Respondents herein, who has partly settled the awarded sum by paying part of the required charges owed to the claimant, that is Kshs.305,000 what is still outstanding and yet to be paid are interests and costs of the proceedings which are to be computed at court rates. The Applicant herein is desirous to enforce the said final award as a decree of this court, hence the present application.
4. Although the application is expressed to be ex-parte, it was duly served. It is however not opposed.
5. In my view the application is merited. It has also complied with the provisions of the law.
6. In the upshot, the application dated 30th March 2015 is allowed as prayed with costs in cause.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI
THIS 15TH DAY OF MAY 2015
E. K. O. OGOLA
JUDGE
PRESENT:
Mr. Wilson holding brief for M/s Mambiri for the Applicant
No appearance for the Respondents
No appearance for the Interested Party
Teresia – Court Clerk