Sadrudin Kurji & another v Shalimar Limited & 2 others [2008] KECA 67 (KLR)
- Court
- Court of Appeal
- Case number
- 67
- Citation
- [2008] KECA 67 (KLR)
- Decided
- 31 October 2008
The appeal is allowed, the order of the superior court is set aside, and the appellants' application is set down for hearing before a different judge.
Facts
The appellants and respondents entered into an arbitration agreement regarding shareholding disputes and premises. The arbitrator rendered an award, and the respondents sought enforcement. The appellants filed an application for a stay of execution, which was dismissed. The appellants then sought a review of the dismissal.
Issues
- Whether the appellants were denied an opportunity to be heard in the enforcement application.
- Whether the application for enforcement was improperly brought under the Civil Procedure Rules.
Reasoning
The court found that the application for review was not a preliminary objection but a procedural requirement, and the superior court erred in relying on Order XLIV of the Civil Procedure Rules to deny the appellants an opportunity to argue their application on the merits.
Outcome
Appeal allowed, order of the superior court set aside
Orders
- Set aside the order of the superior court dated 31st March, 2004
- Set down the appellants' application to set aside the judgment of the superior court for hearing before a different judge
Remedies
- Award of costs of the appeal
Authorities cited
Legislation (2)
- Arbitration Act 1995
- Civil Procedure Rules
Cases cited (1)
- MUKISA BISCUIT CO. V. WEST END DISTRIBUTORS (1969) EA 696
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