[2021] KEHC 9767 (KLR)

[2021] KEHC 9767 (KLR)

The court found that the applicant had complied with the procedural requirements for adoption of an arbitral award under Section 36 of the Arbitration Act by attaching certified copies of the award and the marriage contract. The respondent, despite being served, failed to file any response or appear for the hearing. There was no legal or factual basis to refuse the application. The arbitral award was therefore adopted as the judgment of the court, as there was no objection and all statutory requirements had been met.

Citation
[2021] KEHC 9767 (KLR)
Parties
Applicant: TP; Respondent: ABP
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
9 June 2021
Case Number
Miscellaneous Civil Application 20 of 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Adopt Arbitral Award as Judgment of the Court
Outcome
application allowed; arbitral award adopted as judgment of the court
Judges
JN Onyiego
Legal Topics
Arbitral Award Enforcement, Recognition of Foreign Awards, Marriage Disputes, Maintenance Orders
Source Language
English
Civil Procedure Family and Children Arbitral Award Enforcement Recognition of Foreign Awards Marriage Disputes Maintenance Orders

Case Brief

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Parties

TP

Applicant

ABP

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Adopt Arbitral Award as Judgment of the Court

Legal Issues

  1. 1 Whether the arbitral award dated 11th December, 2015 should be adopted as a judgment of the court.
  2. 2 Whether the applicant complied with the requirements for adoption of an arbitral award under the Arbitration Act.
  3. 3 Whether the respondent was properly served and given an opportunity to oppose the application.

Ratio Decidendi

The court found that the applicant had complied with the procedural requirements for adoption of an arbitral award under Section 36 of the Arbitration Act by attaching certified copies of the award and the marriage contract. The respondent, despite being served, failed to file any response or appear for the hearing. There was no legal or factual basis to refuse the application. The arbitral award was therefore adopted as the judgment of the court, as there was no objection and all statutory requirements had been met.

Court Disposition

application allowed; arbitral award adopted as judgment of the court

Orders

  • The arbitral award dated 11th December, 2015 is adopted as the judgment of the court.
  • The application dated 12th May, 2017 is allowed in terms of prayer one.