Paragon Electronic Limited v Ousainou Ngum & 2 others [2018] KEELC 1408 (KLR)
- Court
- Environment & Land Court
- Case number
- 1408
- Citation
- [2018] KEELC 1408 (KLR)
- Decided
- 17 October 2018
Summary at a glance
TypeArbitration DisputePostureAppeal from a decision to dismiss an application to challenge an arbitratorCoramL. KOMINGOI
The application is dismissed as there is no merit to it and the arbitral proceedings are allowed to proceed.
Facts
The plaintiff, Paragon Electronic Limited, filed an application to challenge the sole arbitrator in a dispute with the 1st and 2nd respondents. The 1st and 2nd respondents opposed the application, claiming it was filed to frustrate the arbitration proceedings.
Issues
- Whether the application to challenge the arbitrator is merited
- Whether the delay in filing the application is justifiable
Reasoning
The court found the application was filed after the 30-day period allowed for challenging the arbitrator, and there were no justifiable reasons for the delay. The court also noted the plaintiff's participation in the arbitral proceedings and the existence of another lawsuit by the plaintiff against the 1st and 2nd respondents.
Outcome
Application dismissed
Orders
- Arbitral proceedings are allowed to proceed
Authorities cited
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