[2011] KEHC 3509 (KLR)
The court found that the applicant had complied with all statutory requirements for recognition and enforcement of the arbitral awards under Section 36 of the Arbitration Act, including filing certified copies of the awards and the arbitration agreement. The respondent, despite having notice, did not challenge or...
Source-derived case information.
- Citation
- [2011] KEHC 3509 (KLR)
- Parties
- Plaintiff: Joseph Paul Mwangovya; Defendant: Kewal Contractors Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 1017 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Recognition and Enforcement of Arbitral Award
- Outcome
- application allowed; arbitral awards recognized and enforced as decree of the court
- Judges
- CN Mugo
- Legal Topics
- Arbitral Award Enforcement, Recognition of Awards, Arbitration Act Application, Contractual Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Paul Mwangovya
Plaintiff
Kewal Contractors Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Recognition and Enforcement of Arbitral Award
Legal Issues
- 1 Whether the arbitral awards delivered on 17th March 2010 and 2nd August 2010 should be recognized and enforced by the court.
- 2 Whether the requirements of Section 36 of the Arbitration Act and relevant rules have been satisfied for enforcement.
- 3 Whether there exists any ground to refuse recognition or enforcement of the arbitral awards.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for recognition and enforcement of the arbitral awards under Section 36 of the Arbitration Act, including filing certified copies of the awards and the arbitration agreement. The respondent, despite having notice, did not challenge or seek to set aside the awards within the prescribed period. There was no evidence or ground presented to refuse recognition or enforcement. Consequently, the court recognized the awards as binding and enforceable, granting judgment in the terms of the awards with interest as prayed.
Court Disposition
application allowed; arbitral awards recognized and enforced as decree of the court
Orders
- The arbitral awards dated 17th March 2010 and 2nd August 2010 are recognized as binding and enforceable as a decree of the court.
- Judgment is entered in terms of the Award and Final Award with interest as prayed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & TAX DIVISION
CIVIL CASE NO. MISC. APPL. 1017 OF 2010
JOSEPH PAUL MWANGOVYA.........................................................................................PLAINTIFF
VERSUS
KEWAL CONTRACTORS LIMITED................................................................................DEFENDANT
RULING
This Ruling is delivered in the ex-parte Chamber Summons dated 5th November 2010, brought under Section 36(1), (3) (a) and (b) of the Arbitration Act and Rules 4(1) and (2), 6and 9 of the Arbitration Rules 1997. The Applicant seeks this court’s order for the recognition and enforcement of the arbitral award in the arbitral proceedings between the Applicant and the Respondent heard and determined by Mr. Dan K. Ameyo, Arbitrator, during the period 9th July 2009 to 2nd August 2010.
The award sought to be enforced is double thronged as follows:
1. The Award made on 17th March, 2010
2. The Final Award made on 2nd August 2010
Duly certified copies of the above two awards were filed with the court on 3rd November 2010 together with a certified copy of the contract between the parties under which the Arbitration Agreement is set out under Clause 4 thereof. Thus, the requirements of Section 36(2) of the Arbitration Acthave been complied with.
The application is premised on the ground that the Respondent has had due notice of the Awards and has not made any application to have the same set aside under Section 35 of the Arbitration Act, in which case the same are binding and should be recognized as such. The application is supported by the affidavit of Stephen Omondi Owino, learned counsel for the Applicant, to which is annexed copies of the Awards, the contract forming the basis of the agreement and dispute thereunder, correspondence relevant to the appointment of the arbitrator, copies of the two arbitral awards, a copy of the arbitrator’s publication of the award, a copy of the arbitrator’s invoice and copies of correspondence exchanged between the parties in relation thereto, leading to the payment of the arbitrator’s fee be the Applicant and the delivery of the Awards to the parties on 2nd August 2010. The Award and Final Award have not been satisfied.
Over three months have elapsed since the delivery of the award to the parties and no application having been made to have the same set aside. That being the case, the arbitral awards herein are hereby recognized as binding and enforceable by way of a decree, the court being satisfied of the merits of the application in that the requirements of Section 36(1) of the Arbitration Act and the relevant rules thereunder have been met and that there exists no ground upon which to refuse such recognition.
Accordingly the application is allowed and orders granted as prayed, with judgment being entered in the terms of the Award and Final Award with interest as prayed.
DATED, SIGNEDand DELIVERED at NAIROBIthis 11THday of MARCH, 2011
M. G. MUGO
JUDGE
In the presence of:
Mr. S. OwinoFor the plaintiff
Ex parteFor the defendant