[2008] KEHC 1730 (KLR)
The court held that the opposition raised by the respondent regarding the conduct of the arbitration was misplaced at the current stage, as such objections should be raised in an application to set aside the award, not in response to an application for enlargement of time. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2008] KEHC 1730 (KLR)
- Parties
- Petitioner: Richard Mwaniki Mukuha; Objector: Jeremano Wanjohi Mukuha
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 395 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application to Enlarge Time for Filing Arbitration Award
- Outcome
- Application for enlargement of time allowed; arbitration award deemed filed within time; award to be read to parties; no order as to costs.
- Legal Topics
- Arbitration Award Filing, Enlargement of Time, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Mwaniki Mukuha
Petitioner
Jeremano Wanjohi Mukuha
Objector
Procedural Posture
Succession Cause / Ruling on Application to Enlarge Time for Filing Arbitration Award
Legal Issues
- 1 Whether the court should enlarge time for filing the arbitration award in a succession cause.
- 2 Whether the award filed out of time should be deemed as properly filed.
- 3 Whether objections to the arbitration process should be entertained at this stage.
Ratio Decidendi
The court held that the opposition raised by the respondent regarding the conduct of the arbitration was misplaced at the current stage, as such objections should be raised in an application to set aside the award, not in response to an application for enlargement of time. The court exercised its discretion to enlarge the time for filing the arbitration award, deeming the award filed by the District Commissioner on 3rd November 1994 as properly filed within time. The court further directed that the award be read to the parties on a specified date and made no order as to costs for the application.
Court Disposition
Application for enlargement of time allowed; arbitration award deemed filed within time; award to be read to parties; no order as to costs.
Orders
- Time for filing the arbitration award is enlarged; the award filed by the District Commissioner Nyeri on 3rd November 1994 is deemed as filed within time.
- The court shall read the award on 17th June 2008.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Succession Cause 395 of 2001
IN THE MATTER OF THE ESTATE OF MACHARIA KIRIAKUALIASPETER NDERITU (DECEASED)
RICHARD MWANIKI MUKUHA ……………….. PETITIONER
Versus
JEREMANO WANJOHI MUKUHA ……..……… OBJECTOR
RULING
This succession cause was originally before the Chief Magistrates Court at Nyeri. Whilst the matter was proceeding before that court the parties in this matter on 1st April 1992 consented to the matter being refered to arbitration. The court ordered that the arbitration award be filed in court in 120 days. It was not filed within that period and the court subsequently on different dates extended the period of filing the award. The last extension was on 10th June 1997. The period of extension has now expired and an application has been brought before Court by Jeremano Wanjohi Mukuha. In that application by notice of motion dated 20th November 2007 the applicant seeks the courts order to enlarge time for filing the arbitration award. He further seeks an order that the court be pleased to read the award to the parties. In his affidavit he set out the factual position as set out herein before. The application was opposed by Richard Mwaniki Mukuha. The opposition relates to the manner in which the arbitration proceedings were conducted. He claims that he was not allowed to call certain witnesses in his favour. I have considered the application and the opposition raised. I am of the view the opposition raised is misplaced at this stage and ought to perhaps be raised when the application to set aside the award is made. That being my view I grant the following orders.:
1. This court does hereby enlarge the time for filing the arbitration award. In that regard the award filed by the District Commissioner Nyeri on 3rd November 1994 is hereby deemed as being filed within time.
2. This court shall read that award on 17th June 2008.
3. There shall be no orders as to costs in respect of the notice of motion dated 20th November 2007.
DATED AND DELIVERED THIS 12TH DAY OF JUNE 2008
MARY KASANGO
JUDGE