Patel v Transworld Safaris Lmited (Civil Appeal 288 of 2018) [2022] KECA 894 (KLR) (28 April 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 894
- Citation
- [2022] KECA 894 (KLR)
- Decided
- 28 April 2022
The court held that the 12-year limitation period under section 4(4) of the Limitation of Actions Act applies to the enforcement of the arbitral award, and that the award was adopted as a judgment of the court on 30th October 2006, starting the limitation period from that date.
Facts
A lease agreement between the parties led to an arbitration dispute over rent arrears. The arbitrator issued an award in favor of the respondent. The appellant challenged the notice to show cause and sought to stay, set aside, or dismiss the action for execution of the award.
Issues
- Whether the liability of the 2nd, 3rd, and 4th defendant as joint guarantors for payment by the 1st defendant is severable.
- Whether the action for enforcement of the arbitral award is statute barred.
- Whether the 12-year limitation period under section 4(4) of the Limitation of Actions Act applies to the enforcement of the arbitral award.
Reasoning
The court reasoned that the award was adopted as a judgment of the court, and that the limitation period for execution of a decree for judgment is 12 years under section 4(4) of the Limitation of Actions Act.
Outcome
The appeal is dismissed with costs.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Arbitration Act
Cases cited (2)
- Shah v Mbogo & Another [1967] EA 116
- Patriotic Guards Limited v James Kipchirchir Sambu [2018] eKLR
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