[2014] KEHC 2272 (KLR)

[2014] KEHC 2272 (KLR)

The court found that the application was incompetent because it was not supported by an affidavit sworn by a known deponent as required by law. The application referenced an affidavit by Alice Kirii, but the actual affidavits on record were sworn by Hasmita Patel, creating ambiguity and procedural irregularity. Since the application was opposed, the court could not overlook or correct the defect. Consequently, the application was struck out for incompetence, but the applicant was granted liberty to file a fresh, competent application if desired. Costs were awarded to the respondent.

Citation
[2014] KEHC 2272 (KLR)
Parties
Applicant: Kay Constructions Company Ltd; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
3 October 2014
Case Number
? 39 of 2014
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons Seeking Recognition and Enforcement of Arbitral Award
Outcome
application struck out for incompetence
Judges
DO Ogembo
Legal Topics
Arbitral Award Enforcement, Affidavit Incompetence, Recognition of Awards
Source Language
English
Civil Procedure Alternative Dispute Resolution Arbitral Award Enforcement Affidavit Incompetence Recognition of Awards

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Kay Constructions Company Ltd

Applicant

The Attorney General

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Chamber Summons Seeking Recognition and Enforcement of Arbitral Award

Legal Issues

  1. 1 Whether the application for recognition and enforcement of the arbitral award is competent in the absence of a proper supporting affidavit.
  2. 2 Whether the court should strike out the application for procedural defects.

Ratio Decidendi

The court found that the application was incompetent because it was not supported by an affidavit sworn by a known deponent as required by law. The application referenced an affidavit by Alice Kirii, but the actual affidavits on record were sworn by Hasmita Patel, creating ambiguity and procedural irregularity. Since the application was opposed, the court could not overlook or correct the defect. Consequently, the application was struck out for incompetence, but the applicant was granted liberty to file a fresh, competent application if desired. Costs were awarded to the respondent.

Court Disposition

application struck out for incompetence

Orders

  • The Chamber Summons application dated 8th October 2013 is struck out for being incompetent and unsupported by an affidavit of a known deponent.
  • The applicant is at liberty to bring a competent application of the same nature if need be.