[2024] KEHC 13356 (KLR)
The court found that the Applicant had complied with all statutory requirements for recognition and enforcement of the arbitral award under the Arbitration Act. The Respondent was duly served but failed to participate or challenge the award within the statutory period for setting aside. There being no pending...
Source-derived case information.
- Citation
- [2024] KEHC 13356 (KLR)
- Parties
- Applicant: Janet Wangechi Kamau; Respondent: Banda Homes Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E256 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Adopt Arbitral Award
- Outcome
- Application allowed with costs to the Applicant.
- Judges
- H Namisi
- Legal Topics
- Arbitral Award Enforcement, Recognition of Awards, Arbitration Act Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Wangechi Kamau
Applicant
Banda Homes Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Adopt Arbitral Award
Legal Issues
- 1 Whether the arbitral award dated 2 March 2023 should be recognised, adopted, and enforced as an order of the court.
- 2 Whether the Respondent has challenged or applied to set aside the arbitral award within the statutory period.
Ratio Decidendi
The court found that the Applicant had complied with all statutory requirements for recognition and enforcement of the arbitral award under the Arbitration Act. The Respondent was duly served but failed to participate or challenge the award within the statutory period for setting aside. There being no pending challenge or application to set aside the award, and all procedural requirements having been met, the court held that the arbitral award should be recognised, adopted, and enforced as a decree of the court. Costs were awarded to the Applicant.
Court Disposition
Application allowed with costs to the Applicant.
Orders
- The arbitral award published on 2 March 2023 is recognised, adopted, and enforced as an order of the court.
- Leave is granted to enforce the arbitral award as a decree of the court.
Full Case Text
Judgment text and source record
24 paragraphs
Kamau v Banda Homes Limited (Commercial Miscellaneous Application E256 of 2024) [2024] KEHC 13356 (KLR) (Commercial and Tax) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13356 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Commercial Miscellaneous Application E256 of 2024
H Namisi, J
October 31, 2024
IN THE MATTER OF AN APPLICATION TO ADOPT THE AWARD DATED 2ND MARCH 2023
Between
Janet Wangechi Kamau
Applicant
and
Banda Homes Limited
Respondent
Ruling
1. The Applicant has filed Chamber Summons dated 26 March 2024 seeking the following orders:i.That the arbitral award published on 2 March 2023 be recognised, adopted and enforced as an Order of this Honourable Court;ii.That this Honourable Court be pleased to grant leave to enforce the Arbitral Award as a decree of this court;iii.That the costs of this Application be provided for
2. The Application is supported by the Affidavit sworn by the Applicant and premised on the grounds on the face of the Application.
3. In her Affidavit, the Applicant deponed that the parties herein entered into an Agreement for sale of immoveable property dated 13 February 2018. A dispute arose between the parties, leading to the appointment of an Arbitrator. The Respondent did not co-operate in the appointment of the Arbitrator. The arbitration proceedings culminated in the Final Award which was published on 2 March 2023.
4. Section 36 of the Arbitration Act, 1995, provides for the recognition and enforcement of awards as follows:(1)A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37. (2)….(3)Unless the High Court otherwise orders, the party relying on an arbitral award or applying for its enforcement must furnish– a. the original arbitral award or a duly certified copy of it; and b. the original arbitration agreement or a duly certified copy of it
5. I note that despite evidence of service upon the Respondent on numerous occasions, the Respondent did not participate in these proceedings. They did not file any pleadings nor submissions.
6. I also take cognisance of the provisions of Section 35 of the Act that provides for setting aside arbitral awards. In particular, section 35 (3) provides that an application for setting aside the arbitral award may not be made after 3 months have elapsed from the date on which the party making that application had received the arbitral award. The Respondent has not challenged the arbitral award.
7. Consequently, I find that the application dated 26 March 2024 is merited and I therefore allow it with costs to the Applicant.
DATED AND DELIVERED AT NAIROBI THIS 31 DAY OF OCT 2024HELENE R. NAMISIJUDGE OF THE HIGH COURTDelivered on virtual platform in the presence of:N/A ................for the ApplicantN/A....................for the Respondent