[2018] KEHC 10144 (KLR)
The court found that the arbitral award dated 6th September 2016 had been properly filed and that the defendant's challenge to the award under Section 35 of the Arbitration Act had already been dismissed. There being no opposition to the application for adoption, and all procedural requirements having been met, the...
Source-derived case information.
- Citation
- [2018] KEHC 10144 (KLR)
- Parties
- Plaintiff: Worldwide City Ventures Ltd; Defendant: Muigai Thumbi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 106 of 2012
- Procedural Posture
- Civil Suit / Ruling on Application to Adopt Arbitral Award as Judgment
- Outcome
- Application allowed; arbitral award adopted as judgment of the court.
- Judges
- GL Nzioka
- Legal Topics
- Arbitration Award Enforcement, Adoption of Arbitral Award, Challenge to Arbitral Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Worldwide City Ventures Ltd
Plaintiff
Muigai Thumbi
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Adopt Arbitral Award as Judgment
Legal Issues
- 1 Whether the arbitral award dated 6th September 2016 should be adopted as the judgment of the court.
- 2 Whether the application to challenge the arbitral award under Section 35 of the Arbitration Act affects enforcement.
Ratio Decidendi
The court found that the arbitral award dated 6th September 2016 had been properly filed and that the defendant's challenge to the award under Section 35 of the Arbitration Act had already been dismissed. There being no opposition to the application for adoption, and all procedural requirements having been met, the court held that the applicant was entitled to have the arbitral award adopted as the judgment of the court for purposes of enforcement. The application was therefore allowed as prayed.
Court Disposition
Application allowed; arbitral award adopted as judgment of the court.
Orders
- The arbitral award dated 6th September 2016 is adopted as the judgment of the court.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL & ADMIRALTY DIVISION
CIVIL SUIT NO. 106 OF 2012
WORLDWIDE CITY VENTURES LTD.....................PLAINTIFF
VERSUS
MUIGAI THUMBI.....................................................DEFENDANT
RULING
1. This ruling relates to a Notice of Motion Application dated 20th July 2017, brought under the provisions of Section 36 of the Arbitration Act, 1995, Section 1A, and 3A of the Civil Procedure Rules and Order 51 Rule 1 and all other enabling provisions of the law.
2. The Applicant is seeking for orders;-
(i) That the award dated 6th September 2016 be adopted as the judgment of the Honourable Court;
(ii) That the costs of this application be in cause.
3. The Application is supported by an affidavit dated 20th July 2017 sworn by Muchiri Waithaka, a Director of the Plaintiff’s Company. He deposed that on 7th July 2014, the Court referred the matter to Arbitration on the application of the parties and Mr. Calvin Nyachoti FClarb was appointed as the sole arbitrator. That the arbitral proceedings and a final award were delivered on 6th September 2016, and subsequently the original copy of the final award filed in Court on 21st November 2016. The Amended original final award was filed in Court on 22nd February 2017, pursuant to the Court’s order of 14th February 2017.
4. However, the Defendant challenged the award under Section 35 of the Arbitration Act but the application was disallowed, hence the application herein for the award to be adopted as a judgment for purposes of enforcement.
5. The Application was served upon the Respondents, but despite being accorded more than adequate time, they did not oppose the same. I have considered the Application dated 20th July 2017, and the grounds and the affidavit in support thereof too. I have seen a copy of the final award forwarded to the Court on 22nd February 2017 and I am satisfied the Application is merited and allow it in terms of prayers (1) and (2).
6. It is so ordered.
Dated, delivered and signed this 7th day of June 2018.
G.L. NZIOKA
JUDGE
In the presence of;
Mr. Muriuki for the Applicant
No Appearance for the Respondent
Fred ……………………….Court Assistant