[2018] KEHC 6603 (KLR)

[2018] KEHC 6603 (KLR)

The court found that the trial magistrate did not err in refusing to set aside the arbitral award. The appellant was given multiple opportunities to participate in the arbitration process, including being directed to bring elders as witnesses, but repeatedly failed to comply and ultimately refused to participate. The allegations of bias and lack of confidence in the process were unsubstantiated and unsupported by evidence. The magistrate exercised judicial discretion properly, and there was no evidence of fraud, undue influence, or coercion in the making of the award. The appeal was therefore dismissed for lack of merit.

Citation
[2018] KEHC 6603 (KLR)
Parties
Appellant: John Kariuki Maina; Respondent: Mesheck Gatheru
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
3 May 2018
Case Number
Civil Appeal 160 of 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
LM Njuguna
Legal Topics
Setting Aside Arbitral Award, Appeals From Magistrates Court, Judicial Discretion, Procedural Technicalities
Source Language
English
Civil Procedure Setting Aside Arbitral Award Appeals From Magistrates Court Judicial Discretion Procedural Technicalities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Kariuki Maina

Appellant

Mesheck Gatheru

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in refusing to set aside the arbitral award and refer the matter to court.
  2. 2 Whether the arbitration process was conducted fairly and in accordance with the court's directions.
  3. 3 Whether the appellant's allegations of bias, lack of confidence, and procedural irregularities had merit.

Ratio Decidendi

The court found that the trial magistrate did not err in refusing to set aside the arbitral award. The appellant was given multiple opportunities to participate in the arbitration process, including being directed to bring elders as witnesses, but repeatedly failed to comply and ultimately refused to participate. The allegations of bias and lack of confidence in the process were unsubstantiated and unsupported by evidence. The magistrate exercised judicial discretion properly, and there was no evidence of fraud, undue influence, or coercion in the making of the award. The appeal was therefore dismissed for lack of merit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • No orders as to costs.