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BUSURU RICHARD MARK T/A BUSURU R.M. & PARTNERS ARCHITECTS v NZOIA SUGAR COMPANY LIMITED [2007] KEHC 557 (KLR)

[2007] KEHC 557 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
557
Citation
[2007] KEHC 557 (KLR)
Decided
25 April 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeArbitrationPostureApplication for recognition and enforcement of arbitral awardCoramJ.L.A. OSIEMO
Holding

The arbitral award is recognized and enforced, and the Defendant is ordered to pay the Plaintiff the award amount, legal fees, and costs.

Facts

A dispute arose between the Plaintiff/Applicant and the Defendant/Respondent regarding the payment for work done, as per written instructions dated 9th July 1992. The Defendant appointed Mr. Haron G. Nyakundi as the Sole Arbitrator, and a final award in favor of the Plaintiff was issued on 10th October 2004 for Kshs.6,314,455.

Issues

  1. Recognition and enforcement of the arbitral award
  2. Payment of the award amount and legal fees
  3. Issuance of a certificate of costs
  4. Payment of costs of the application
  5. Award of interest

Reasoning

The court found no grounds to refuse recognition or enforcement of the arbitral award, and the time for filing an application to set aside the award has lapsed.

Outcome

Application granted

Orders

  • Recognition and enforcement of the arbitral award
  • Payment of the award amount and legal fees
  • Issuance of a certificate of costs
  • Payment of costs of the application
  • Award of interest

Remedies

  • Payment of the award amount and legal fees
  • Issuance of a certificate of costs
  • Payment of costs of the application
  • Award of interest

Authorities cited

Legislation (2)
  • Arbitration Act 1995
  • Civil Procedure Act
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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