[2018] KEHC 10036 (KLR)

[2018] KEHC 10036 (KLR)

The court found that the respondents received the arbitral award on 8th May 2017 and, under section 35(3) of the Arbitration Act, any application to set aside the award had to be filed within three months, i.e., by 8th August 2017. The respondents' application, filed on 30th August 2017, was therefore out of time...

Source-derived case information.

Citation
[2018] KEHC 10036 (KLR)
Parties
Applicant: Pangaea Development Holding Limited; Respondent: Hacienda Development Limited; Respondent: Adam Tuller
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
13 April 2018
Case Number
? 230 of 2015
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons Seeking to Set Aside Arbitral Award and Related Reliefs
Outcome
Application substantially dismissed; only unopposed prayer allowed; costs awarded to applicant.
Judges
F Tuiyott
Legal Topics
Arbitral Award Enforcement, Setting Aside Award, Limitation Periods, Costs of Arbitration
Source Language
english
Alternative Dispute Resolution Commercial and Corporate Arbitral Award Enforcement Setting Aside Award Limitation Periods Costs of Arbitration

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Summary, issues, holding and outcome

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Parties

Pangaea Development Holding Limited

Applicant

Hacienda Development Limited

Respondent

Adam Tuller

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Chamber Summons Seeking to Set Aside Arbitral Award and Related Reliefs

Legal Issues

  1. 1 Whether the application to set aside the arbitral award was filed within the statutory limitation period.
  2. 2 Whether the court should affirm or set aside specific findings and orders in the arbitral award.
  3. 3 Whether the court can order removal of a caveat based on the arbitral award.

Ratio Decidendi

The court found that the respondents received the arbitral award on 8th May 2017 and, under section 35(3) of the Arbitration Act, any application to set aside the award had to be filed within three months, i.e., by 8th August 2017. The respondents' application, filed on 30th August 2017, was therefore out of time and could not be entertained. The court emphasized the importance of strict adherence to statutory timelines in arbitration to uphold the principle of finality. Regarding the request to remove a caveat, the court held that the arbitral award did not determine the issue of the transfer of the property, and thus removal of the caveat must follow the procedure under the Land...

Court Disposition

Application substantially dismissed; only unopposed prayer allowed; costs awarded to applicant.

Orders

  • Prayer (b) affirming and recognizing paragraph 12.6 of the arbitral award is allowed.
  • Prayers (c), (d), (e), and (f) seeking to set aside, vary, or substitute parts of the award, remove caveat, and dismiss related suit are dismissed.