Board of Governors of Our Lady of Mercy Girls Secondary School v Castle Investments Company Limited [2020] KECA 582 (KLR)

Facts

The respondent, Castle Investments Company Limited, contracted to construct an office and classroom block for the applicant, Board of Governors of Our Lady of Mercy Girls Secondary School. The respondent demanded payment of Kshs. 677,320, which the applicant refused, leading to an arbitration award and subsequent court order.

Issues

1. The appeal or intended appeal is arguable.
2. The award was rendered on 24th August 2014 and served on the applicant on 25th January 2017, three years after it was rendered.
3. The applicant argues that the payment was not due as the entity that tendered for the works and the one seeking payment differed.

Reasoning

The applicant's arguments regarding the defective award and the payment dispute are arguable, but the applicant has not shown that the intended appeal would be rendered nugatory if the orders are not granted.

Outcome

The application for stay of execution is dismissed.