[2019] KEELC 2077 (KLR)
The court found that the application for adoption of the arbitration award was unopposed, the award had not been challenged, and all procedural requirements for recognition and enforcement under Section 36 of the Arbitration Act, 1995 had been met. The court therefore adopted the arbitration award as its judgment...
Source-derived case information.
- Citation
- [2019] KEELC 2077 (KLR)
- Parties
- Plaintiff: Lake Naivasha Crescent Camp Limited; Defendant: Wagiciengo Holdings Limited; Defendant: Anastacia Wagiciengo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 621 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Adoption of Arbitration Award
- Outcome
- application for adoption of arbitration award granted
- Legal Topics
- Arbitration Award Enforcement, Lease Disputes, Recognition of Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lake Naivasha Crescent Camp Limited
Plaintiff
Wagiciengo Holdings Limited
Defendant
Anastacia Wagiciengo
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Adoption of Arbitration Award
Legal Issues
- 1 Whether the arbitration award dated 30 September 2015 should be adopted as the judgment of the court.
- 2 Whether there is any valid opposition to the adoption of the arbitration award.
- 3 Whether costs should be awarded or shared as per the arbitration award.
Ratio Decidendi
The court found that the application for adoption of the arbitration award was unopposed, the award had not been challenged, and all procedural requirements for recognition and enforcement under Section 36 of the Arbitration Act, 1995 had been met. The court therefore adopted the arbitration award as its judgment and ordered that a decree may issue accordingly. The court further held that there would be no order as to costs in the suit, as the arbitrator had directed that costs be shared equally and the parties had already complied with this directive.
Court Disposition
application for adoption of arbitration award granted
Orders
- Judgment is entered in terms of the arbitration award dated 30 September 2015.
- A decree may issue for enforcement of the award.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 621 OF 2013
LAKE NAIVASHA CRESCENT CAMP LIMITED..........................PLAINTIFF
VERSUS
WAGICIENGO HOLDINGS LIMITED...................................1ST DEFENDANT
ANASTACIA WAGICIENGO...................................................2ND DEFENDANT
RULING
(Application for adoption of an arbitration award; no contest on the award; the award
adopted as the judgment of the court and a decree may accordingly issue)
1. The application before me is that dated 8 October 2015 filed by the plaintiff. The application is brought pursuant to the provisions of Section 36 of the Arbitration Act, 1995 and Rule 9 of the Arbitration Rules, 1997. The application seeks an order that there be judgment entered in favour of the plaintiff in terms of an arbitration award dated 30 September 2015. The application is supported by the affidavit of one Samuel Warugu Kimotho, a director of the applicant. I have not seen anything filed to oppose the motion despite counsel for the respondent being duly served.
2. To put matters into context, this suit was commenced through a plaint which was filed on 9 December 2013 by the applicant against Wagiciengo Holdings Limited and Anastacia Wariara Wagiciengo. It was pleaded in the plaint that the two defendants/respondents were the registered owners of the land parcels registered as LR Nos. 396/9 and 396/10 situated in Naivasha, Nakuru County. The plaintiff averred that on 2 December 2001, it entered into a leasehold agreement with the respondents for a fixed term of 15 years with effect from 1 January 2002, until 31 December 2027 (sic) for purposes of erecting a tented camp and restaurant. Pursuant thereto, the applicant averred to have made massive investments to the tune of Kshs. 68,900,000/= and also marketed the venture. It also averred to have been up to date with its rent payments save for some difficulties encountered early in the year 2013. On 4 December 2013, the respondents served upon the applicant a notice dated 25 November 2013, terminating the lease on account of arrears of Kshs. 4,132,759/=. It is this claim which made the applicant come to court as it was its view that the rent owing was Kshs. 2,000,000/=.
3. The matter was referred to arbitration and the suit held in abeyance.
4. In this application, the applicant states that on 2 October 2015, the arbitrator made his award and delivered it to the parties. It is deposed in the supporting affidavit, that there has been no challenge to the award, hence the desire of the applicant to have it recognized as judgment of the court. Despite being served, the respondents have not filed anything to contest the application and I have nothing before me that would make me disbelieve the applicant.
5. I therefore enter judgment in terms of the award and a decree may accordingly issue for enforcement.
6. There shall be no order as to the costs of this suit as the arbitrator held that costs be shared equally and indeed the parties equally shared the costs of arbitration.
7. Orders accordingly.
Dated, signed and delivered in open court at Nakuru 10TH day of July 2019.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In presence of : -
No appearance on the part of M/s Oyugi & Co. for the applicant.
No appearance on the part of M/s E. Wafula & Associates for the respondents.
Court Assistants: Nelima Janepher /Patrick Kemboi.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU