Rebecca Ndanu Munguti v Archer Dramond Morgan Limited [2020] KEELC 3216 (KLR)
- Court
- Environment & Land Court
- Case number
- 3216
- Citation
- [2020] KEELC 3216 (KLR)
- Decided
- 3 March 2020
Summary at a glance
TypeArbitrationPostureApplication for entry of judgment in arbitration awardCoramEboso
The court allows the application and enters judgment in terms of the final award given by Patterson Munene Kamaara, dated 25/4/2017.
Facts
The Applicant filed ELC Case No. 354 of 2013 seeking specific performance of a contract for the sale of a house in Nairobi. The parties referred the dispute to arbitration and Patterson Munene Kamaara was appointed as the arbitrator. The arbitration concluded on 25/4/2017, and the Applicant filed an application to have the court adopt the final award.
Issues
- Scope of damages recoverable by the Applicant
- Jurisdiction of the arbitrator regarding mesne profits
Reasoning
The court notes that Eboso J dealt with the issue of the award of mesne profits by the arbitrator in his ruling of 24/6/2019, finding that the dispute relating to mesne profits was properly within the scope of the reference. The court allows the application and enters judgment in terms of the final award.
Outcome
The Applicant is awarded the costs of the application.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…