[2024] KEELC 4209 (KLR)
The court found that the application for enforcement of the arbitral ruling was unopposed and that the applicant had satisfied the requirements under Sections 7 and 36 of the Arbitration Act. The arbitral ruling dated 30/6/2023 was therefore enforceable as an order of the court. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEELC 4209 (KLR)
- Parties
- Applicant: Olive Wamuhu Kinyanjui; Respondent: Gateway Malls Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E004 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Enforcement of Arbitral Award
- Outcome
- Application allowed; arbitral ruling enforced as an order of the court.
- Judges
- MN Gicheru
- Legal Topics
- Arbitral Award Enforcement, Interim Measures, Arbitration Act Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Olive Wamuhu Kinyanjui
Applicant
Gateway Malls Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Enforcement of Arbitral Award
Legal Issues
- 1 Whether the arbitral ruling dated 30/6/2023 should be enforced as an order of the court.
- 2 Whether the applicant is entitled to interim measures and enforcement under the Arbitration Act.
Ratio Decidendi
The court found that the application for enforcement of the arbitral ruling was unopposed and that the applicant had satisfied the requirements under Sections 7 and 36 of the Arbitration Act. The arbitral ruling dated 30/6/2023 was therefore enforceable as an order of the court. The court exercised its discretion to allow the application, noting the absence of opposition and the sufficiency of the supporting documents, including the sale agreement and the arbitral ruling itself.
Court Disposition
Application allowed; arbitral ruling enforced as an order of the court.
Orders
- The arbitral ruling dated 30/6/2023 is enforced as an order of this court.
- The application is allowed under Sections 7 and 36 of the Arbitration Act.
Full Case Text
Judgment text and source record
20 paragraphs
Kinyanjui v Gateway Malls Limited (Environment and Land Miscellaneous Application E004 of 2023) [2024] KEELC 4209 (KLR) (22 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4209 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Miscellaneous Application E004 of 2023
MN Gicheru, J
May 22, 2024
In The Matter Of An Application For Interim Measures And Enforcement Of The Arbitral Ruling Published On 30th June 2023 By Mr. Calvin Nyachoti, Chartered Arbitrator
Between
Olive Wamuhu Kinyanjui
Applicant
and
Gateway Malls Limited
Respondent
Ruling
1. This ruling is on the chamber summons dated 21/7/2023. The summons which is brought under Sections 7 (1) and (2), 36 and 37 of the Arbitration Act and Rule 9 of the Arbitration Rules 1997 seeks to have the arbitral ruling on record and dated 30/6/2023 be enforced as an order of this court. It also seeks that an order be issued in terms of the arbitral ruling.
2. The motion is based on seven grounds and is supported by an affidavit by the applicant which has two annexures which include the sale agreement between the parties dated 20/5/2011 and a copy of the arbitral ruling dated 30/6/2023. In summary the applicant is saying that she has been issued with an interim order by the arbitrator but she seeks an order from this court for enforcement.
3. The summons, though served as per the affidavit of service dated 14/11/2023 is unopposed.
4. Having considered the summons in its entirety and the same being unopposed, I find that it has merit and I allow it under Sections 7 and 36 of the Arbitration Act (Cap 49).It is so ordered.
DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 22ND DAY OF MAY 2024. M.N. GICHERUJUDGE