DHL Exel Suppl Chain Kenya Limited v Tilton Investments Limited [2015] KECA 169 (KLR)

Facts

The applicant, DHL EXEL SUPPL CHAIN KENYA LIMITED, sought an extension of time to lodge an application for leave to appeal against the ruling of the High Court of Kenya dated 21st July, 2015. The ruling related to the applicant's chamber summons dated 22nd October 2014 brought under the provisions of sections 35(2)(a)(iv) and 35(2)(b)(ii) of the Arbitration Act and rule 7 of the Arbitration rules.

Issues

1. Whether the applicant can invoke the provisions of section 39(3)(b) of the Arbitration Act to seek leave to appeal the ruling.
2. Whether the point of law raised by the applicant is of general importance and will substantially affect the rights of the parties.

Reasoning

The court considers the delay in filing the application and finds it not inordinate, allowing the extension of time. The court also notes that the applicant has the opportunity to ventilate its arguments in the intended application for leave to appeal.

Outcome

The application is allowed with the condition that the application for leave to appeal must be filed within 21 days of the date of this ruling.

Authorities cited