[2015] KEHC 7139 (KLR)

[2015] KEHC 7139 (KLR)

The court held that the applicant's application for entry of judgment on the arbitral award was competent, notwithstanding the use of an Originating Notice of Motion in a miscellaneous application, because the originating suit had been struck out and the law did not prescribe a specific procedure in such circumstances. The court found that Order 46 Rule 18 of the Civil Procedure Rules entitled the applicant to judgment after dismissal of all applications to set aside the award. On the issue of interest, the court determined that it could not award interest from the date of the award as the arbitral tribunal had not done so and the court was bound by the finality of the award. However, the...

Citation
[2015] KEHC 7139 (KLR)
Parties
Applicant: Y.A. Shretta; Respondent: Leisure Lodges Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 February 2015
Case Number
Miscellaneous Civil Application 288 of 2014
Procedural Posture
Miscellaneous Application / Ruling on Application to Enter Judgment on Arbitral Award and for Interest
Outcome
Application allowed. Judgment entered for the applicant in terms of the arbitral award. Interest at court rates from date of judgment. Costs to applicant.
Judges
CM Kamau
Legal Topics
Arbitral Award Enforcement, Interest Awards, Procedure for Judgment Entry, Costs Taxation, Miscellaneous Applications, Court Discretion
Source Language
English
Civil Procedure Commercial and Corporate Alternative Dispute Resolution Arbitral Award Enforcement Interest Awards Procedure for Judgment Entry Costs Taxation Miscellaneous Applications +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Y.A. Shretta

Applicant

Leisure Lodges Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Enter Judgment on Arbitral Award and for Interest

Legal Issues

  1. 1 Whether the applicant's application for entry of judgment on the arbitral award was competent given the procedure used.
  2. 2 Whether the applicant was entitled to interest on the arbitral award and at what rate and period.
  3. 3 Whether the applicant was entitled to costs and the process for their determination.

Ratio Decidendi

The court held that the applicant's application for entry of judgment on the arbitral award was competent, notwithstanding the use of an Originating Notice of Motion in a miscellaneous application, because the originating suit had been struck out and the law did not prescribe a specific procedure in such circumstances. The court found that Order 46 Rule 18 of the Civil Procedure Rules entitled the applicant to judgment after dismissal of all applications to set aside the award. On the issue of interest, the court determined that it could not award interest from the date of the award as the arbitral tribunal had not done so and the court was bound by the finality of the award. However, the...

Court Disposition

Application allowed. Judgment entered for the applicant in terms of the arbitral award. Interest at court rates from date of judgment. Costs to applicant.

Orders

  • Judgment entered for the applicant for Kshs 43,772,599 as per arbitral award.
  • Interest to accrue at court rates from date of entry of judgment until payment in full.