[2014] KEHC 2241 (KLR)

[2014] KEHC 2241 (KLR)

The court found that the parties had, by consent, submitted their dispute to arbitration, and a final arbitral award was delivered on 10th February 2014. There was no opposition, appeal, or application to set aside the award. Both parties accepted the award and requested the court to enter judgment in its terms. The court held that, in accordance with Section 36(1) of the Arbitration Act and Order 46 Rule 18 of the Civil Procedure Rules, it was proper to adopt the arbitral award as the decision of the court and to enter judgment accordingly. The matter was thus marked as settled, with no order as to costs.

Citation
[2014] KEHC 2241 (KLR)
Parties
Plaintiff: Umar Hamiri; Defendant: Wananchi Group (Kenya) Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 October 2014
Case Number
Civil Suit 878 of 2010
Procedural Posture
Civil Suit / Ruling on Application to Adopt Arbitral Award and Enter Judgment
Outcome
application granted; suit marked as settled
Judges
DO Ogembo
Legal Topics
Arbitral Award Enforcement, Consent to Arbitration, Adoption of Award, Finality of Arbitral Award
Source Language
English
Alternative Dispute Resolution Commercial and Corporate Arbitral Award Enforcement Consent to Arbitration Adoption of Award Finality of Arbitral Award

Case Brief

Summary, issues, holding and outcome

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Parties

Umar Hamiri

Plaintiff

Wananchi Group (Kenya) Ltd

Defendant

Procedural Posture

Civil Suit / Ruling on Application to Adopt Arbitral Award and Enter Judgment

Legal Issues

  1. 1 Whether the arbitral award dated 10th February 2014 should be adopted as the decision of the court.
  2. 2 Whether judgment should be entered in terms of the arbitral award.
  3. 3 Whether there are any grounds to oppose, set aside, or appeal the arbitral award.

Ratio Decidendi

The court found that the parties had, by consent, submitted their dispute to arbitration, and a final arbitral award was delivered on 10th February 2014. There was no opposition, appeal, or application to set aside the award. Both parties accepted the award and requested the court to enter judgment in its terms. The court held that, in accordance with Section 36(1) of the Arbitration Act and Order 46 Rule 18 of the Civil Procedure Rules, it was proper to adopt the arbitral award as the decision of the court and to enter judgment accordingly. The matter was thus marked as settled, with no order as to costs.

Court Disposition

application granted; suit marked as settled

Orders

  • The arbitral award dated 10th February 2014 is adopted as the decision of the court.
  • Judgment is entered in terms of the arbitral award dated 10th February 2014.