[2009] KEHC 1164 (KLR)
The court found that the applicant was improperly excluded from participating in the proceedings of 5/5/09, which were contentious and involved significant issues under the Arbitration Act. The court emphasized the necessity of following proper procedure in such matters and determined that the error in excluding the...
Source-derived case information.
- Citation
- [2009] KEHC 1164 (KLR)
- Parties
- Plaintiff: Pinnacle Projects Ltd.; Defendant: In the Matter of Arbitration Act
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 742 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons to Set Aside Ex Parte Proceedings and Orders
- Outcome
- application allowed; ex parte proceedings and orders of 5/5/09 set aside
- Legal Topics
- Setting Aside Ex Parte Orders, Arbitration Act Procedure, Leave to Appeal, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pinnacle Projects Ltd.
Plaintiff
In the Matter of Arbitration Act
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons to Set Aside Ex Parte Proceedings and Orders
Legal Issues
- 1 Whether the ex parte proceedings and orders of 5/5/09 should be set aside due to procedural irregularity.
- 2 Whether the applicant was improperly excluded from participating in the proceedings.
- 3 Whether proper procedure under the Arbitration Act was followed.
Ratio Decidendi
The court found that the applicant was improperly excluded from participating in the proceedings of 5/5/09, which were contentious and involved significant issues under the Arbitration Act. The court emphasized the necessity of following proper procedure in such matters and determined that the error in excluding the applicant warranted setting aside the ex parte proceedings and orders. The application to set aside was therefore allowed, and the orders sought were granted.
Court Disposition
application allowed; ex parte proceedings and orders of 5/5/09 set aside
Orders
- The ex parte proceedings and orders of the court dated 5/5/09 are set aside.
- Costs shall be in the case.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Miscellaneous Case 742 of 2008
PINNACLE PROJECTS LTD. …………………………….. PLAINTIFF
VERSUS
IN THE MATTER OF ARBITRATION ACT …………...DEFENDANT
R U L I N G
Chamber Summons dated 17/6/09 brought under Order Rule 1, Section 3A, Civil Procedure Act and Section 35, Arbitration Act 4 of 1995 seeKing orders that the ex parte proceedings and the orders of the court dated 5/5/09 be set aside.
The grounds upon which the application is based are written on the application. The supporting affidavit of Dickson Matu, the applicant, shows that on 5/5/09 proceedings were heard when one advocate, Mr. Watako, was holding brief for Mr. Otieno, advocate for plaintiff. The proceedings involved application for leave to appeal to Court of Appeal against order made in the High Court.
It is clear the matter is contentious since a previous application was argued between the parties and was struck out on “technicality”. I agree with the applicant that there was an error in keeping the applicant out of the court. This matter arising out of Arbitration Act involves major issues and the proper procedure must be followed.
I allow application and grant orders sought. Costs shall be in the case.
Orders accordingly.
DATED, SIGNED and DELIVERED this 3rd day of November, 2009.
JOYCE N. KHAMINWA
JUDGE