[2019] KEHC 10457 (KLR)

[2019] KEHC 10457 (KLR)

The court found that the trial magistrate misdirected herself by setting aside the arbitration award on the ground that it was not signed by the parties, as there is no legal requirement for parties to sign the award under Order 46 of the Civil Procedure Rules. The proper grounds for setting aside an award are limited to corruption or misconduct of the arbitrator or fraudulent concealment or deception by a party, and the application to set aside must be served on the arbitrator, which was not done. However, the court also found that the award was inconclusive and did not address all issues before the court, as the Assistant Chief referred the matter to the parties' family instead of...

Citation
[2019] KEHC 10457 (KLR)
Parties
Appellant: PMO; Respondent: CBO
Court
High Court
Court Station
High Court at Nyamira
Jurisdiction
Kenya
Judgment Date
31 January 2019
Case Number
Civil Appeal 14 of 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed. Order setting aside the award quashed. Award remitted to the Assistant Chief for reconsideration.
Judges
EM Muchoki
Legal Topics
Arbitration in Family Disputes, Setting Aside Arbitral Award, Procedural Requirements for Arbitration, Remittal of Award
Source Language
English
Family and Children Civil Procedure Arbitration in Family Disputes Setting Aside Arbitral Award Procedural Requirements for Arbitration Remittal of Award

Case Brief

Summary, issues, holding and outcome

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Parties

PMO

Appellant

CBO

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in setting aside the arbitration award on the ground that it was not signed by the parties.
  2. 2 Whether the application to set aside the award was properly served on the arbitrator as required by law.
  3. 3 Whether the trial magistrate considered grounds not raised in the application when setting aside the award.

Ratio Decidendi

The court found that the trial magistrate misdirected herself by setting aside the arbitration award on the ground that it was not signed by the parties, as there is no legal requirement for parties to sign the award under Order 46 of the Civil Procedure Rules. The proper grounds for setting aside an award are limited to corruption or misconduct of the arbitrator or fraudulent concealment or deception by a party, and the application to set aside must be served on the arbitrator, which was not done. However, the court also found that the award was inconclusive and did not address all issues before the court, as the Assistant Chief referred the matter to the parties' family instead of...

Court Disposition

Appeal allowed. Order setting aside the award quashed. Award remitted to the Assistant Chief for reconsideration.

Orders

  • The appeal is allowed.
  • The order setting aside the award is quashed.