[2021] KEHC 4791 (KLR)
The court declined to proceed with the enforcement application because the applicant had not filed a certified copy of the arbitral award as required under Section 36 of the Arbitration Act. Compliance with statutory requirements is mandatory before the court can consider an application for enforcement of an...
Source-derived case information.
- Citation
- [2021] KEHC 4791 (KLR)
- Parties
- Applicant: Lalji Meghji Patel & Company Limited; Respondent: Kabete Dam Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E1128 of 2020
- Procedural Posture
- Miscellaneous Application / Interlocutory Directions Prior to Hearing of Enforcement Application
- Outcome
- Application not considered; directions issued for compliance with statutory requirements.
- Judges
- WA Okwany
- Legal Topics
- Arbitral Award Enforcement, Arbitration Act Section 36, Commercial Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lalji Meghji Patel & Company Limited
Applicant
Kabete Dam Limited
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Directions Prior to Hearing of Enforcement Application
Legal Issues
- 1 Whether the applicant has complied with the mandatory requirements for enforcement of an arbitral award under Section 36 of the Arbitration Act.
- 2 Whether the application for enforcement can proceed in the absence of a certified copy of the arbitral award.
Ratio Decidendi
The court declined to proceed with the enforcement application because the applicant had not filed a certified copy of the arbitral award as required under Section 36 of the Arbitration Act. Compliance with statutory requirements is mandatory before the court can consider an application for enforcement of an arbitral award. The absence of the certified award is a procedural defect that precludes the court from granting the orders sought at this stage. The court therefore directed the applicant to comply with the statutory requirement before the application could be considered on its merits.
Court Disposition
Application not considered; directions issued for compliance with statutory requirements.
Orders
- Applicant to file a certified copy of the arbitral award in compliance with Section 36 of the Arbitration Act before the application can be considered.
- Hearing scheduled for 27th October 2021.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS APPLICATION NO. E1128 OF 2020
LALJI MEGHJI PATEL & COMPANY LIMITED.................APPLICANT
-VERSUS-
KABETE DAM LIMITED....................................................RESPONDENT
RULING
1. I have considered the submissions made by Mr. Osundwa on 19th July 2021 when he urged the court to allow the application dated 8th October 2020 for the enforcement of the arbitral award of 3rd August 2020. Counsel submitted that the respondent had not filed any response or objection to the application.
2. I however note that the case was matter was coming for directions on 19th July 2021 and not for the hearing of the application. I also note that the certified copy of the Award sought to be enforced has not been filed before this court as required under Section 36 of the Arbitration Act.
3. Consequently, I direct the applicant to comply with Section 36 of the Arbitration Act before the application can be considered. Hearing on 27th October 2021. Hearing notice to issue.
Dated, signed and delivered via Microsoft Teams at Nairobi this 22nd day of July 2021in view of the declaration of measures restricting court operations due to Covid-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Ms Nasimiyu for Osundwa for Applicant.
No appearance for Respondent.
Court Assistant: Sylvia.