[2018] KEELC 4029 (KLR)

[2018] KEELC 4029 (KLR)

The court found that the applicant failed to demonstrate any corruption, misconduct, fraudulent concealment, or deception by the arbitrator as required under the relevant statutory provisions. Furthermore, the applicant did not serve the application on the arbitrator, a mandatory procedural requirement under Order 46 rule 16(2) of the Civil Procedure Rules. The authorities cited by the applicant were deemed irrelevant to the facts of this case. Consequently, the application to set aside the arbitration award was found to be without merit and was dismissed with costs to the respondent. Judgment was entered in terms of the arbitration award.

Citation
[2018] KEELC 4029 (KLR)
Parties
Plaintiff: Nashon W. Nabibia; Defendant: Ben Wanyama Tabani
Court
Environment and Land Court
Court Station
Environment and Land Court at Bungoma
Jurisdiction
Kenya
Judgment Date
21 February 2018
Case Number
Environment & Land Case 336 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Arbitration Award
Outcome
application dismissed; judgment entered in terms of the arbitration award
Legal Topics
Arbitration Award Setting Aside, Service on Arbitrator, Misconduct of Arbitrator, Fraudulent Concealment, Civil Procedure Rules
Source Language
English
Civil Procedure Arbitration Award Setting Aside Service on Arbitrator Misconduct of Arbitrator Fraudulent Concealment Civil Procedure Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Nashon W. Nabibia

Plaintiff

Ben Wanyama Tabani

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award should be set aside for alleged misconduct or bad faith by the arbitrator.
  2. 2 Whether failure to serve the arbitrator with the application renders the application incompetent.
  3. 3 Whether the grounds cited by the applicant meet the statutory threshold for setting aside an arbitration award.

Ratio Decidendi

The court found that the applicant failed to demonstrate any corruption, misconduct, fraudulent concealment, or deception by the arbitrator as required under the relevant statutory provisions. Furthermore, the applicant did not serve the application on the arbitrator, a mandatory procedural requirement under Order 46 rule 16(2) of the Civil Procedure Rules. The authorities cited by the applicant were deemed irrelevant to the facts of this case. Consequently, the application to set aside the arbitration award was found to be without merit and was dismissed with costs to the respondent. Judgment was entered in terms of the arbitration award.

Court Disposition

application dismissed; judgment entered in terms of the arbitration award

Orders

  • The application to set aside the arbitration award is dismissed with costs to the respondent.
  • Judgment is entered in terms of the arbitration award.