[2023] KEELC 22372 (KLR)
The court found that the applicant had satisfied all procedural requirements for the recognition and enforcement of the arbitral award. There was no evidence or argument presented by the respondent to challenge the award or to invoke any of the statutory grounds for refusal under Section 37 of the Arbitration Act....
Source-derived case information.
- Citation
- [2023] KEELC 22372 (KLR)
- Parties
- Applicant: Muhyadin Mohamed; Respondent: Riverpoint Development Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Judgment Date
- 8 December 2023
- Case Number
- Environment and Land Civil Miscellaneous Application E024 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Recognition and Enforcement of Arbitral Award
- Outcome
- application allowed
- Judges
- MD Mwangi
- Legal Topics
- Arbitral Award Enforcement, Recognition of Awards, Grounds for Refusal, Public Policy Exception
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muhyadin Mohamed
Applicant
Riverpoint Development Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Recognition and Enforcement of Arbitral Award
Legal Issues
- 1 Whether the arbitral award delivered on 11th November 2022 should be recognized, adopted, and enforced as a judgment of the court.
- 2 Whether there exist any grounds under Section 37 of the Arbitration Act to refuse enforcement of the arbitral award.
Ratio Decidendi
The court found that the applicant had satisfied all procedural requirements for the recognition and enforcement of the arbitral award. There was no evidence or argument presented by the respondent to challenge the award or to invoke any of the statutory grounds for refusal under Section 37 of the Arbitration Act. The court, upon reviewing the application and the arbitral award, found no reason to decline enforcement. Accordingly, the arbitral award delivered on 11th November 2022 was recognized, adopted, and enforced as a judgment of the court, with leave granted to the applicant to enforce it as a decree. The applicant was directed to present a duly certified copy of the award to the...
Court Disposition
application allowed
Orders
- The arbitral award dated and delivered on 11th November 2022 by Cecil L. Kuyo is recognized, adopted, and enforced as a judgment of the court.
- Leave is granted to the applicant to enforce the arbitral award as a decree of the court.
Full Case Text
Judgment text and source record
25 paragraphs
Mohamed v Riverpoint Development Limited (Environment and Land Civil Miscellaneous Application E024 of 2023) [2023] KEELC 22372 (KLR) (8 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22372 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Civil Miscellaneous Application E024 of 2023
MD Mwangi, J
December 8, 2023
Between
Muhyadin Mohamed
Applicant
and
Riverpoint Development Limited
Respondent
Ruling
Background: 1. What is before me for determination is the Chamber Summons dated 11th July, 2023 seeking the recognition, adoption and enforcement of the arbitral award delivered on 11th November, 2022 under Section 36 of the Arbitration Act and Rules 4(1) and 9 of the Arbitration Rules amongst the other cited provisions of the Law. It is premised on the grounds on the face of it and on the supporting affidavit of Muhyadin Mohamed sworn on the 11th July 2023.
2. The applicant explains the sequence of events up to the delivery of the arbitral award by the sole Arbitrator, Cecil L. Kuyo. The award was delivered and published on 11th November 2022. A copy of the award has been attached to the supporting affidavit. It is the Applicant’s position that the award has not been challenged or otherwise disputed since its delivery. He therefore prays that the award be recognized, adopted and enforced as a Judgement/Decree of this court.
3. Despite service upon the Respondent through its Advocates, it did not respond to the application.
Determination: 4. Under the Arbitration Act, 1995, a domestic arbitral award shall be recognized as binding, and on an application in writing to the High Court, it shall be enforced subject to the provisions of Sections 36 and 37 of the Act. Any Party is at liberty to apply for the enforcement of the arbitral award.
5. Section 37 of the Arbitration Act provides the ground on which the Court may refuse to recognize an arbitral award. The Court may, at the request of the party upon whom the arbitral award is to be invoked refuse to enforce the award, if the party proves any of the following:a.That the party was under incapacity;b.That the arbitration agreement was under incapacity;c.That the arbitration agreement is not valid under the applicable Law;d.That proper notice of appointment or arbitral award was not given the party or otherwise the party was unable to present his case;e.That the award does not fall within or is incurably beyond the scope of the reference to arbitration; orf.That the Composition of the arbitral tribunal was not as per the parties’ agreement or was afoul the Law applicable to the arbitration.
6. The Court may also on its own motion or upon request by a party, refuse to enforce an arbitral award on the grounds provided under Section 37 (i) of the Act. This would be in cases where the Court finds that the subject matter of the dispute is not referable to arbitration under the Laws of Kenya; or its enforcement would be contrary to the public policy in Kenya.
7. Having carefully considered the application before me and the contents of the arbitral award, I find no reason to decline to enforce the arbitral award delivered and published on 11th November 2022 by the sole Arbitrator, Cecil L. Kuyo.
8. The application herein is hereby allowed as prayed; meaning that:a.That the Arbitral award dated and delivered on the 11th Day of November, 2022 at Nairobi by Cecil L. Kuyo, FCIARB (sole arbitrator) between the parties herein be recognized, adopted, enforced as judgment of this Honourable Court.b.That this Honourable Court be pleased to grant leave to the Applicant to enforce the said Arbitral Award as a Decree of this Honourable Court, andc.The costs of the application shall be in the cause.
9. However, before the issuance of the formal order, the Applicant shall present to the Deputy Registrar of this Court, a duly Certified Copy of the arbitral award; duly Certified by the Arbitrator.
10. It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALY AT NAIROBI THIS 8TH DAY OF DECEMBER, 2023. M.D. MWANGIJUDGE