Savings Tea Brokers Limited v Kenya Tea Development Agency & 7 others (Civil Application 46 of 2018) [2022] KECA 892 (KLR) (28 April 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 892
- Citation
- [2022] KECA 892 (KLR)
- Decided
- 28 April 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for special leave to appeal against the High Court's decision to refuse leave to appealCoramHANNAH OKWENGU, ASIKE MAKHANDIA, J. MOHAMMED
Holding
The Court of Appeal dismisses the application for special leave to appeal, finding that the High Court's decision to set aside the arbitral award was not an appealable decision under section 35 of the Arbitration Act.
Facts
Savings Tea Brokers Limited sought damages for loss of goodwill, but the High Court set aside an arbitral award in their favor due to a finding of fact by the arbitrator.
Issues
- High Court's jurisdiction to overrule an arbitrator's finding of fact
- Meaning of 'terms of reference to arbitration' and 'scope of reference to arbitration'
- Effect of sections 5 and 17 of the Arbitration Act 1995 in an arbitration
- Substantial impact of the ruling on the applicant's rights
Reasoning
The Court of Appeal ruled that the High Court's decision was not an appealable decision under section 35 of the Arbitration Act, and that the applicant's intended appeal was instead based on section 39 of the Act.
Outcome
Application for special leave to appeal dismissed
Orders
- Notice of motion dated 22nd February, 2018 is dismissed with costs
Authorities cited
Legislation (2)
- Arbitration Act, 1995
- Civil Procedure Act
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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