University of Nairobi v Multiscope Consulting Engineers [2020] KECA 376 (KLR)
- Court
- Court of Appeal
- Case number
- 376
- Citation
- [2020] KECA 376 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to appeal from High Court's order striking out motion to set aside arbitral awardCoramJ. MOHAMMED, Tuiyott, WARSAME
Holding
The Court of Appeal denied the applicant's application for leave to appeal and upheld the High Court's order striking out the motion to set aside the arbitral award.
Facts
University of Nairobi and Multiscope Consulting Engineers entered into a contract for professional consulting services. University of Nairobi terminated the contract and filed motions to set aside the arbitral award. Multiscope filed a preliminary objection, and the High Court struck out the motion.
Issues
- Whether the applicant has a right of appeal to warrant the grant of leave to appeal.
- Whether the applicant has made out a case for granting the orders of stay of proceedings.
Reasoning
The Court of Appeal found that the applicant did not have a right of appeal and that the High Court correctly determined that the motion was filed outside the required time limit.
Outcome
Denied the application for leave to appeal
Orders
- Denied the application for leave to appeal
- Upheld the High Court's order striking out the motion to set aside the arbitral award
Authorities cited
Legislation (1)
- Arbitration Act
Cases cited (4)
- Nyutu Agrovet Limited vs Airtel (K) Networks Limited & 2 others
- Synergy Industrial Credit Limited vs Cape Holdings Limited
- Narok County Government vs Livingston Kuninin Ntutu & two others
- Kenya Bureau of Standards vs Geo-Chem Middle East
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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