[2011] KEHC 1615 (KLR)
The court found that the dispute had been properly referred to arbitration by consent, the award was filed and read to the parties, and no appeal had been lodged. The respondent's objection regarding the lack of an appointed administrator was not sufficient to prevent the adoption of the award. The court was...
Source-derived case information.
- Citation
- [2011] KEHC 1615 (KLR)
- Parties
- Respondent: Richard Mwaniki Mukuha; Applicant: Jeremano Wanjohi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 395 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application to Adopt Arbitral Award as Judgment
- Outcome
- Application allowed; arbitral award adopted as judgment of the court.
- Judges
- JK Sergon
- Legal Topics
- Succession of Estates, Appointment of Administrator, Adoption of Arbitral Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Mwaniki Mukuha
Respondent
Jeremano Wanjohi
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Adopt Arbitral Award as Judgment
Legal Issues
- 1 Whether the arbitral award filed and read to the parties should be adopted as the judgment of the court.
- 2 Whether the absence of an appointed administrator precludes the adoption of the arbitral award.
Ratio Decidendi
The court found that the dispute had been properly referred to arbitration by consent, the award was filed and read to the parties, and no appeal had been lodged. The respondent's objection regarding the lack of an appointed administrator was not sufficient to prevent the adoption of the award. The court was satisfied that the application had merit and allowed the motion, ordering that the arbitral award be adopted as the judgment of the court.
Court Disposition
Application allowed; arbitral award adopted as judgment of the court.
Orders
- The arbitral award filed in court on 3rd November 1994 and read to the parties on 17th June 2008 is adopted as the judgment of the court.
- Each party to bear his own costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 395 OF 2001
IN THE MATTER OF THE ESTATE OF MACHARIA KIRIAKU (DECEASED)
RICHARD MWANIKI MUKUHA.......................PETITIONER/RESPONDENT
VERSUS
JEREMANO WANJOHI..........................................OBJECTOR/APPLICANT
RULING
Jeremano Wanjohi,the objector/Applicant herein, took out the Summons dated 9th November 2009, in which he applied for the Arbitral award filed in court on 3rd November 1994 and read to the parties on 17th June 2008 to be adopted as the judgment of the Court. The Objector/Applicant swore an affidavit in support of the Motion. Richard Mwaniki Mukuha, the petitioner/Respondent opposed the Summons by filing the replying affidavit he swore on 23rd January 2009.
It is the submission of the Applicant that since the award was read to the parties no party has preferred an appeal hence the same should be adapted as the decision of this court. The Respondent was of the view that the Court should not grant the order because no administrator has been appointed to manage the deceased Estate. He suggested to this Court to first appoint an administrator first who will then give effect to the judgment.
Let me start by stating that there is no dispute that the dispute between the parties was referred to arbitration by the consent of the parties. The award was filed and read to the parties. No party has appealed. The points of objections raised by the Respondent will not affect the outcome of this court’s decision. I am convinced the Motion has merit. It is allowed as prayed with each party bearing his own costs.
Dated and delivered at Nyeri this 29th day of July 2011.
J. K. SERGON
JUDGE
In open court in the absence of parties with notice.
J. K. SERGON
JUDGE