Please Wait. Searching ...
|Case Number:||Misc Appli 472 of 2004|
|Parties:||FRANCIS K.E. HINGA v GEORGE B. NYANJA|
|Date Delivered:||19 Dec 2006|
|Court:||High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)|
|Judge(s):||Mary Muhanji Kasango, Festus Azangalala|
|Citation:||FRANCIS K.E. HINGA v GEORGE B. NYANJA  eKLR|
Civil Practice and Procedure - Arbitration - arbitral award - application for the enforcement of an arbitral award - applicant stating that the respondent had failed to honor a money award made against him - whether the award should be enforced as a decree of the court - Arbitration Act section - Arbitration Rules rule 6
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Misc Appli 472 of 2004
FRANCIS K.E. HINGA …………………………………….. PLAINTIFF
GEORGE B. NYANJA ………….……………………... DEFENDANT
R U L I N G
This is an application brought under Section 36 of the Arbitration Act, 1995; Rule 6 of the Arbitration Rules, 1997 and all other enabling and empowering powers and provisions of the law. The application is by the claimant who seeks an order that the award made on 7.1.2003 by Arbitrators James Kinyua and Robert Kamiti be recognized as binding and be enforced between the parties herein and a decree of this Court do issue in accordance therewith. The claimant also seeks costs and expenses as are incidental to the enforcement and execution of the award.
The application which is supported by an affidavit of the claimant is based upon the following grounds:-
(1) That by agreement the claimant/applicant and the
respondent herein submitted the dispute between them
(2) That in an award dated 7.1.2003 the said arbitrators
awarded the claimant/applicant the sum of
(3) That the respondent has refused, neglected or
otherwise failed to pay the said sum of Kshs.1,602,500.00;
(4) That the respondent has to-date not applied to
set aside the award under Section 35 of the Arbitration
Act, 1995 or at all.
I have perused the affidavit in support of the application. I have also perused the record of this matter. I have finally given due consideration to the submissions made to me by Counsel for the claimant. Having done so, I am satisfied that all the legal requirements have been met by the claimant/applicant. There is therefore no impediment to the grant of the orders sought. There is no doubt that an arbitral award was made in favour of the claimant. A copy of the same is exhibited as “A” by the applicant in his supporting affidavit. The same was duly filed and no application to set it aside has been made. The award is binding upon both parties and the respondent has not satisfied the same. In the premises the application is merited. Accordingly I make the following orders:-
(1) That the arbitral award made on7.1.2003 by
M/S James Kinyua and Robert Kamiti be and
is hereby recognized;
(2) That judgment be and is hereby entered in terms
of the award and the same be enforced as a decree
of this court.
(3) That the respondent do bear the costs of this
application as well as such costs and expenses as
are incidental to the enforcement and execution
DATED at NAIROBI this 19th day of December 2006.