Unlimited Directions Kenya Limited v Wasini Resorts Limited (Miscellaneous Application 481 of 2013) [2020] KEHC 10404 (KLR) (Family) (17 December 2020) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10404
- Citation
- [2020] KEHC 10404 (KLR)
- Decided
- 17 December 2020
The court held that the parties did not reserve the right to challenge the arbitral award on matters of law, and thus the court should not set aside the award. The court also recognized and enforced the award.
Facts
Unlimited Directions Kenya Limited and Wasini Resorts Limited entered into a management agreement for the apartment 'Wasini Luxury Homes'. A dispute arose, and the matter was referred to arbitration. The sole arbitrator rendered an award in favor of Unlimited Directions Kenya Limited, which Wasini Resorts Limited challenged.
Issues
- Whether the parties reserved the right to challenge the arbitral award on matters of law.
- Whether the court should set aside the award.
- Whether the court should recognize and enforce the award.
Reasoning
The court found that the parties did not reserve the right to challenge the arbitral award on matters of law, and thus the court should not set aside the award. The court recognized and enforced the award.
Outcome
The court recognized and enforced the arbitral award.
Orders
- Recognition and enforcement of the arbitral award
Authorities cited
Legislation (1)
- Arbitration Act, Act No. 4 of 1995
Cases cited (2)
- Kenya Shell Limited v Kobil Petroleum Limited Civil Application 57 of 2006
- Nyutu Agrovet Lim
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