Northwood Development Company Limited v Shuaib Wali Mohammed [2021] KEHC 4164 (KLR)

Facts

The applicant, Northwood Development Company Limited, filed an Originating Summons seeking to set aside an Arbitrator's Ruling dismissing its Preliminary Objection dated 14th January 2021. The applicant cited four grounds for the dismissal: lack of jurisdiction, statute barred claim, claim offending Limitation of Actions Act, and claim incompetent.

Issues

1. Whether the court can intervene in arbitration proceedings
2. Whether the applicant's grounds for setting aside the arbitral award are valid

Reasoning

The court explained that the Act restricts the court's jurisdiction to only matters provided for by the Act, and the court's role is to ensure arbitration awards meet certain standards to prevent injustice. The court emphasized the principle of party autonomy and the parties' agreement to arbitrate without unnecessary interference by the courts.

Outcome

The court dismissed the applicant's prayers

Authorities cited