Micro-House Technologies Limited v Co-operative College of Kenya [2017] KECA 706 (KLR)
- Court
- Court of Appeal
- Case number
- 706
- Citation
- [2017] KECA 706 (KLR)
- Decided
- 10 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a High Court ruling setting aside an arbitral awardCoramD. K. Musinga, A. K. Murgor
Holding
The Court of Appeal lacks jurisdiction to hear the appeal as the appellant did not obtain leave under section 39(3)(b) of the Arbitration Act.
Facts
The appellant sought to have an arbitral award adopted as a judgment of the High Court, while the respondent moved to set aside the award. The High Court set aside the award.
Issues
- Whether the Court of Appeal has jurisdiction to hear the appeal
- Whether the appellant had the right of appeal to the Court of Appeal
Reasoning
The Court held that the appellant had no right of appeal to the Court of Appeal as no leave was granted under section 39(3)(b) of the Arbitration Act, and that a right of appeal is conferred by statute and cannot be inferred.
Outcome
The appeal is struck out with costs to the respondent.
Orders
- The appeal is struck out
Authorities cited
Legislation (2)
- Arbitration Act
- Civil Procedure Act
Cases cited (1)
- Nyutu Agrovet Limited v Airtel Networks Limited (2015) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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