[2021] KEHC 4959 (KLR)
The court found that the applicant had complied with the requirements of Section 36 of the Arbitration Act by filing certified copies of the arbitral award and contract through a Supplementary Affidavit. The court determined that the omission of the affidavit from the court file at the time of the earlier ruling was...
Source-derived case information.
- Citation
- [2021] KEHC 4959 (KLR)
- Parties
- Applicant: Pride Enterprises Limited; Respondent: Kenya National Highways Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 124 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Recognition and Enforcement of Arbitral Award
- Outcome
- application allowed
- Judges
- WA Okwany
- Legal Topics
- Arbitration Award Enforcement, Recognition of Foreign Awards, Arbitration Act Section 36, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pride Enterprises Limited
Applicant
Kenya National Highways Authority
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Recognition and Enforcement of Arbitral Award
Legal Issues
- 1 Whether the applicant complied with Section 36 of the Arbitration Act for recognition and enforcement of the arbitral award.
- 2 Whether the court should recognize and adopt the arbitral awards as a judgment of the court.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the applicant had complied with the requirements of Section 36 of the Arbitration Act by filing certified copies of the arbitral award and contract through a Supplementary Affidavit. The court determined that the omission of the affidavit from the court file at the time of the earlier ruling was inadvertent and, upon perusal, confirmed that all statutory prerequisites for recognition and enforcement had been satisfied. Consequently, the court recognized and adopted the arbitral awards as a judgment of the court and granted leave to enforce the award as a decree. The respondent was ordered to bear the costs of the application.
Court Disposition
application allowed
Orders
- The Final Award published on 21st January 2019 and the Additional Award published on 1st April 2019 are recognized and adopted as a judgment of the court.
- Leave is granted to the applicant to enforce the award as a decree of the court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS CIVIL APPLICATION NO. 124 OF 2019
PRIDE ENTERPRISES LIMITED......................................................................APPLICANT
AND
KENYA NATIONAL HIGHWAYS AUTHORITY.........................................RESPONDENT
RULING
1. In the ruling delivered on 8th July 2021, this court directed the applicant to comply with the requirements of Section 36 of Arbitration Act.In this regard, the applicant was directed to file the original Arbitration Agreement and the two Awards in Court, through Deputy Registrar Commercial & Tax Division within 14 days from the date of the ruling, and to serve the same on the Respondent before the issue of recognition and enforcement of the Final Arbitral Award could be considered.
2. Immediately after the delivery of the said ruling, Ms. Misere, learned counsel for the applicant, intimated to the court that the applicant had already filed the certified copies of the award and contract through the Supplementary Affidavit dated 13th January 2021. It turns out that the said Supplementary Affidavit had inadvertently not been placed in the court file at the time the ruling delivered on 8th July 2021 was written.
3. I have perused the Supplementary Affidavit dated 13th January 2021 and I find that it contains certified copies of the award and contract. I therefore find that that the Applicant has met the conditions for recognition and enforcement of the award under Section 36 of the Arbitration Act. Consequently, I allow the Chamber Summons dated 11th December 2019 in the following terms: -
(a) That the Final Award prepared by Njeri Kariuku (Sole Arbitrator) published on 21st January 2019 and the Additional Award published on 1st April 2019 be and are hereby recognized and adopted as a judgment of this court.
(b) That leave is granted to the Applicant to enforce an award as a decree of this court.
(c) The respondent shall bear the costs of this application.
Dated, signed and delivered via Microsoft Teams at Nairobi this 22nd day of July 2021 in view of the declaration of measures restricting court operations due to Covid-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Ms Misere for the Applicant.
Mr. Ochieng for Obok for Respondent.
Court Assistant: Sylvia