Joseph Kimemia Mbugua v Oriental Fire & General Assurance Co Ltd [1977] KEHC 3 (KLR)
- Court
- High Court of Kenya
- Case number
- 3
- Citation
- [1977] KEHC 3 (KLR)
- Decided
- 17 March 1977
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication to Remit Arbitration AwardPostureApplication to remit arbitration award on the grounds of procedural irregularityCoramS.K.SACHDEVA
Holding
The plaintiff's application to remit the arbitration award is granted, and the matter is reserved for hearing on its merits.
Facts
An arbitration award was made by Mr K A McIntyre, the arbitrator, in a dispute arising out of an insurance policy between the parties. The plaintiff sought to remit the award to the arbitrator and sought costs.
Issues
- Procedural irregularity in filing the arbitration award in court
- Whether the plaintiff's objection to the award is timely
Reasoning
The court considers the plaintiff's application valid and grants it, noting procedural irregularities but also the plaintiff's timely objection.
Outcome
Application granted
Orders
- The plaintiff is directed to file a copy of the proceedings before the arbitrator as an exhibit in court
- The plaintiff is to file and serve the notice of objection on the defendant within fourteen days
- The defendant is to have the right to lodge a cross-objection within a further fourteen days
- The matter is reserved for hearing on its merits
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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