[2010] KEHC 2583 (KLR)

[2010] KEHC 2583 (KLR)

The court found that while most grounds in the draft Memorandum of Appeal lacked realistic prospects of success, one ground—alleging that the respondent did not raise the issue of the arbitrator exceeding his authority during the arbitral proceedings—raised a point meriting serious judicial consideration. This issue, if substantiated, could amount to a contravention of express statutory provisions governing arbitration. Applying the established principles for granting leave to appeal, the court exercised its discretion to grant leave, holding that the interests of justice required the matter to be considered by the appellate court.

Citation
[2010] KEHC 2583 (KLR)
Parties
Applicant: Pinnacle Projects Ltd; Respondent: Dickson Matu
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
15 April 2010
Case Number
Miscellaneous Application 742 of 2008
Procedural Posture
Miscellaneous Application / Application for Leave to Appeal High Court Decision Setting Aside Arbitral Award
Outcome
application allowed
Judges
CM Njagi
Legal Topics
Leave to Appeal, Setting Aside Arbitral Award, Scope of Arbitrator Authority, Judicial Discretion in Appeals
Source Language
English
Civil Procedure Alternative Dispute Resolution Leave to Appeal Setting Aside Arbitral Award Scope of Arbitrator Authority Judicial Discretion in Appeals

Case Brief

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Parties

Pinnacle Projects Ltd

Applicant

Dickson Matu

Respondent

Procedural Posture

Miscellaneous Application / Application for Leave to Appeal High Court Decision Setting Aside Arbitral Award

Legal Issues

  1. 1 Whether the applicant has demonstrated arguable grounds to warrant leave to appeal the High Court's decision setting aside the arbitral award.
  2. 2 Whether the issue of the arbitrator exceeding the scope of his authority was properly raised during arbitral proceedings.
  3. 3 Whether the interests of justice require granting leave to appeal in the circumstances.

Ratio Decidendi

The court found that while most grounds in the draft Memorandum of Appeal lacked realistic prospects of success, one ground—alleging that the respondent did not raise the issue of the arbitrator exceeding his authority during the arbitral proceedings—raised a point meriting serious judicial consideration. This issue, if substantiated, could amount to a contravention of express statutory provisions governing arbitration. Applying the established principles for granting leave to appeal, the court exercised its discretion to grant leave, holding that the interests of justice required the matter to be considered by the appellate court.

Court Disposition

application allowed

Orders

  • Leave to appeal the High Court's decision setting aside the arbitral award is granted to the applicant.
  • Costs of this application will abide the judgment of the Court of Appeal.