[2015] KEHC 4544 (KLR)
The court found that the applicant had complied with the requirements of Section 36(1) of the Arbitration Act for the recognition and enforcement of an arbitral award. The application was unopposed, and the supporting affidavit established that the award had been made, published, and brought to the attention of the...
Source-derived case information.
- Citation
- [2015] KEHC 4544 (KLR)
- Parties
- Applicant: Tandu Alarms System Limited; Respondent: Hacienda Development Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 138 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Adoption of Arbitral Award
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Arbitral Award Enforcement, Recognition of Arbitral Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tandu Alarms System Limited
Applicant
Hacienda Development Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Adoption of Arbitral Award
Legal Issues
- 1 Whether the arbitral award made on 22nd August 2014 should be adopted as a decree of the court.
- 2 Whether the applicant has complied with the requirements for recognition and enforcement of an arbitral award under Section 36(1) of the Arbitration Act.
Ratio Decidendi
The court found that the applicant had complied with the requirements of Section 36(1) of the Arbitration Act for the recognition and enforcement of an arbitral award. The application was unopposed, and the supporting affidavit established that the award had been made, published, and brought to the attention of the respondent, who failed to comply. The court was satisfied that the arbitral award was capable of being recognized as binding and enforceable as a decree of the court. Accordingly, the application to adopt the arbitral award as a decree of the court was allowed.
Court Disposition
application allowed
Orders
- The arbitral award made by Mr. Kyalo Mbobu, sole arbitrator, on 22nd August 2014 is adopted as a decree of the court.
- Costs of the application are in the cause.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
MISC. APPLICATION NO. 138 OF 2015
IN THE MATTER OF: ARBITRATION ACT (CAP 49) PART VII, SECTION 36 (1) AND THE ARBITRATION RULES 1997
IN THE MATTER OF: ARBITRATION CONDUCTED AT CHARTER INSTITUTE OF ARBITRATOR
BETWEEN
TANDU ALARMS SYSTEM LIMITED :::::::::::::::::::::::::::::::: APPLICANT
-VERSUS-
HACIENDA DEVELOPMENT LIMITED :::::::::::::::::::::::: RESPONDENT
R U L I N G
INTRODUCTION
1. Before the court is an ex-parte Chamber Summons dated 6th March 2015. It seeks the following orders:-
1. This honorable court be pleased to adopt the arbitral award made by Mr. Kyalo Mbobu, sole arbitrator on 22nd August 2014 as a decree of this honourable court.
2. The costs of this application be provided for.
2. The application is premised on the grounds that:-
1. A final arbitral award was made and published by Mr. Kyalo Mbobu, sole arbitrator, on the 22nd August 2014 in respect of the dispute between the parties herein.
2. By virtue of Section 36 (1) of the Arbitration Act, 49 Laws of Kenya, the said award is capable of being recognized as binding and shall be enforced by this honorable court.
3. The fact of the publication has been drawn to the attention of the Respondent who has failed, neglected and/or refused to settle the award.
3. The application is supported by affidavit of Martin Haylock which mainly expands on the said grounds. The application is ex-parte but was served. It is not opposed.
4. In my view the application complies with the law and is merited. In the upshot the application is allowed with cots in the cause.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI
THIS 15TH DAY OF MAY 2015
E. K. O. OGOLA
JUDGE
PRESENT:
M/s Nyagah holding brief for Thangei for the Plaintiff
No appearance for the Defendants
Teresia – Court Clerk