Fanaka Vijana Investments Limited v Josam Services Limited [2019] KEHC 8683 (KLR)
- Court
- High Court of Kenya
- Case number
- 8683
- Citation
- [2019] KEHC 8683 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeArbitration EnforcementPostureAppeal from a Chamber SummonsCoramL. Njuguna
Holding
The arbitral award is enforceable and the High Court has the power to enforce it.
Facts
The plaintiff filed a Chamber Summons seeking to adopt an arbitral award and enforce it as a decree. The defendant argued that the award was not enforceable due to lack of compliance and unfounded claims.
Issues
- Whether the arbitral award is enforceable
- Whether the High Court has the power to enforce the arbitral award
Reasoning
The court found the award enforceable as it was made in compliance with the Arbitration Act and the defendant has not challenged it. The court also noted that the defendant has not sought to have the award set aside.
Outcome
The Chamber Summons is allowed and the plaintiff is granted leave to enforce the arbitral award as a decree.
Orders
- The arbitral award made by Kenneth Akide on 12th June, 2018 is adopted by the court and leave is granted to the plaintiff/applicant to enforce the said award as a decree.
- The deputy registrar is directed to issue a decree to the plaintiff/applicant.
Authorities cited
Legislation (1)
- Arbitration Act
Cases cited (1)
- Lalji Meghji Patel & Co. Limited v Nature Green Holdings Limited [2017] eKLR
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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