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Justus Nyang’aya v Ivory Consult Limited [2015] KEHC 8207 (KLR)

[2015] KEHC 8207 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8207
Citation
[2015] KEHC 8207 (KLR)
Decided
21 May 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEnforcement of Arbitral AwardPostureApplication for enforcement of arbitral awardCoramHavelock, J., M. Ngugi, Kenya. Ringera, Mabeya, Nyamu, P., P.J. Ransley, Ringera
Holding

The court determined that the Applicant had locus standi and the Power of Attorney was valid and sufficient to file the application for enforcement of the arbitral award.

Facts

The Applicant, Justus Nyang’aya, applied for enforcement of the Final Award made on 30th September, 2013 by the arbitrator, George Gitonga Murugara, as a Decree of this Honourable Court. The subject of arbitration was a suit filed by the Applicant on 22nd December, 2011.

Issues

  1. Locus standi
  2. Validity and scope of the Power of Attorney granted to the Applicant

Reasoning

The court ruled that the Applicant had the right to bring the application due to the valid Power of Attorney and the arbitration proceedings were conducted in accordance with the Arbitration Act.

Outcome

The court granted the application for enforcement of the arbitral award.

Orders

  • Enforcement of the arbitral award as a Decree of the court

Authorities cited

Legislation (1)
  • Arbitration Act, No. 4 of 1995
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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