Narok County Government (Being the Legal Successor of the Defunct County Council of Narok) v SEC & M Company Limited [2020] KECA 116 (KLR)
- Court
- Court of Appeal
- Case number
- 116
- Citation
- [2020] KECA 116 (KLR)
The appeal is dismissed with costs to the respondent
Facts
The respondent, a valuation company, was contracted to conduct a valuation of the appellant's assets. The parties agreed on discounted fees, but the appellant failed to pay within two years. The respondent issued a letter of comfort, and the appellant paid a total of Kshs.39,500,000. The respondent then demanded the remaining fees and interest. The arbitrator found the respondent entitled to revert to the original agreement due to the appellant's failure to pay.
Issues
- Validity and legality of the letter of comfort
- Appellant's contention that the arbitrator's findings were fraudulent and illegal
Reasoning
The court found the letter of comfort reliable and credible, and the arbitrator's findings were not re-opened as the court had no jurisdiction to do so. The appellant's submission on setting aside the arbitral award was not considered.
Outcome
Appeal dismissed
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