[2020] KEHC 10401 (KLR)
The court found that the applicants and respondent entered into a binding consent order for payment of an arbitral award in instalments. The respondent paid part of the sum but failed to pay the outstanding balance of Kshs 2,473,721 despite demands and without justification. The applicants fulfilled their...
Source-derived case information.
- Citation
- [2020] KEHC 10401 (KLR)
- Parties
- Applicant: Martin Mutisya Muthengi; Applicant: Catherine Munanie Mutisya; Respondent: National Olympic Committee of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E504 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Compel Payment of Arbitral Award
- Outcome
- application allowed as prayed with costs to the applicants
- Judges
- WA Okwany
- Legal Topics
- Arbitral Awards, Consent Orders, Enforcement of Settlement, Payment of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin Mutisya Muthengi
Applicant
Catherine Munanie Mutisya
Applicant
National Olympic Committee of Kenya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Compel Payment of Arbitral Award
Legal Issues
- 1 Whether the respondent should be compelled to pay the outstanding balance of the arbitral award as per the consent order.
- 2 Whether the applicants are entitled to the release of funds held by KCB Group Ltd as an alternative remedy.
- 3 Whether costs should be awarded to the applicants.
Ratio Decidendi
The court found that the applicants and respondent entered into a binding consent order for payment of an arbitral award in instalments. The respondent paid part of the sum but failed to pay the outstanding balance of Kshs 2,473,721 despite demands and without justification. The applicants fulfilled their obligations under the consent. The respondent did not oppose the application. The court held that the applicants were entitled to enforcement of the consent order and payment of the outstanding amount, with costs awarded to them.
Court Disposition
application allowed as prayed with costs to the applicants
Orders
- The respondent is compelled to pay Kshs 2,473,721 to the applicants as the final instalment of the arbitral award and consent order.
- Alternatively, KCB Group Ltd is ordered to release the funds held unconditionally.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS APPLICATION NO. E504 OF 2019
MARTIN MUTISYA MUTHENGI
CATHERINE MUNANIE MUTISYA.........................................CLAIMANTS/APPLICANTS
-VERSUS-
NATIONAL OLYMPIC COMMITTEE OF KENYA........................................RESPONDENT
RULING
1. Through the application dated 5th August 2020, the applicants seek the following orders:
1. Spent
2. That this Honourable court be pleased to compel the Respondent to release Kshs 2,473,721/= being the final instalment of the arbitral award of 18th September 2019 and consent dated 16th December 2019.
3. That alternatively, the court to order KCB Group Ltd to release the funds held unconditionally.
4. That the costs of this application be in cause.
2. The application is supported by the 1st Applicant’s affidavit and is premised on the grounds that: -
1. That the claimants and the respondent signed a consent order dated 16th December 2019 for the respondents to be paying the arbitral award of Kshs 8,473,721/= in monthly instalments of Kshs 2,000,000/-.
2. That the respondent has so far paid Kshs 6,000,000/- remaining a balance of Kshs 2,473,721/= which they are reluctant to pay despite several demands.
3. That the claimant has already fulfilled his part of the agreement and/or consent by removing the caveat lodge against the respondent’s property.
4. That in the interest of justice that the present application be allowed as prayed.
3. The Respondents did not oppose the application despite proper service as shown in the affidavit of service dated 17th November 2020.
4. I have perused the application together with the supporting affidavit and annexures. I note that it is a straight forward application for the payment of monies due to the applicants pursuant to a consent order made following an arbitral award.
5. I am satisfied that the applicant has made out a case for the granting of the orders sought in the application which I hereby allow as prayed, with costs to the applicant.
Dated, signed and delivered via Microsoft Teams at Nairobi this 17th day of December 2020in 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:
No appearance for the parties
Court Assistant: Sylvia