Songa Ogoda & Associates v University of Nairobi (Civil Application E240 of 2022) [2023] KECA 57 (KLR) (3 February 2023) (Ruling)

Facts

The applicant, Songa Ogoda & Associates, initiated arbitral proceedings against the respondent, the University of Nairobi, challenging the termination of their appointment as quantity surveyors and part of a consortium of professional consultants in the construction of the University of Nairobi Towers. The arbitral tribunal issued an award directing the respondent to pay the applicant KShs. 193,867,327/22. The respondent applied to set aside the award, which was resisted by the applicant, leading to a High Court ruling striking out the respondent's application.

Issues

1. Whether the High Court's ruling striking out the respondent's application was correct
2. Whether the Court of Appeal should allow the respondent's Motion for extension of time and other relief

Reasoning

The Court of Appeal found that the applicant's delay in filing its submissions was excusable due to the prevailing COVID-19 restrictions and the challenges faced by the Judiciary in rolling out the online filing system. The Court of Appeal also cited the principles of law regarding unfettered discretionary powers of single judges and the full bench's role in interference with such decisions.

Outcome

The applicant's reference is dismissed, and the High Court's ruling is upheld.

Authorities cited