Superior Homes (K) Limited v Joyce Cherotich Sang [2014] KEHC 5220 (KLR)
- Court
- High Court of Kenya
- Case number
- 5220
- Citation
- [2014] KEHC 5220 (KLR)
The application is dismissed with costs to the Respondent, and the arbitral award is recognized and adopted as the final decision of the Court.
Facts
Superior Homes (K) Limited filed an application to set aside an arbitral award given by Sankale Ole Kantai on 22nd June, 2012. The award was for higher damages than the claimant was entitled to and awarded general damages after the applicant had already been restituted in terms of the special damages.
Issues
- Whether the arbitrator's award was contrary to public policy
- Whether the arbitrator's award was inconsistent with the principles of justice and fairness
Reasoning
The Court finds that the applicant has not shown that the arbitrator's award is against the provisions of the Constitution or the law, or against morality and justice, or inimical to the interest of the Republic of Kenya. The Court upholds the arbitrator's decision, 'warts and all'.
Outcome
Application dismissed with costs to the Respondent, arbitral award recognized and adopted.
Orders
- Application to set aside the arbitral award dismissed with costs to the Respondent
- Arbitral award dated 22nd June, 2012 recognized and adopted as the final decision of the Court
- Costs of the enforcement application awarded to the Respondent
Remedies
- Recognition and adoption of the arbitral award
Authorities cited
Legislation (1)
- Arbitration Act, 1995
Cases cited (2)
- Christ for All Nations v Apollo Insurance Co. Ltd
- Nairobi High Court Miscellaneous Civil Application No. 130 of 2011 Kay Construction Co. Ltd v A.G & Another
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