John Oriri Nyandoro v Transmara Sugar Company Limited [2021] KECA 1072 (KLR)
- Court
- Court of Appeal
- Case number
- 1072
- Citation
- [2021] KECA 1072 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureSecond AppealCoramR. N. NAMBUYE, HANNAH OKWENGU, F. SICHALE
Holding
The arbitration clause is preserved by the transition clause and the right of appeal can now be canvassed through the court under section 39 of the Arbitration Act.
Facts
John Oriri Nyandoro filed a suit against Transmara Sugar Company Limited alleging breach of a sugarcane growing and supply contract. The respondent moved to stay the suit and refer the dispute to arbitration.
Issues
- Whether the arbitration clause in the contract remains operative after the repeal of the applicable laws.
- Whether the non-existence of the Sugar Arbitration Tribunal makes the arbitration clause inoperative.
- Whether transitional clauses only affect matters in existence when the repealed law was in force.
- Whether new institutions and parties can be created for purposes of the arbitration clause.
- Whether the right of appeal is a fundamental right that cannot be derogated from or overlooked.
Reasoning
The court held that the parties are still under the protection of the law and that the intention of the parties was to preserve a right of appeal against the decision of the arbitral committee.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (4)
- Civil Procedure Act
- Arbitration Act
- Crops Act 2013
- Constitution of Kenya 2010
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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