Lalji Meghji Patel & Company Limited v Presbyterian Foundation [2021] KEHC 7121 (KLR)
- Court
- High Court of Kenya
- Case number
- 7121
- Citation
- [2021] KEHC 7121 (KLR)
- Decided
- 23 April 2021
The court finds that the arbitral award does not deal with matters beyond the scope of the reference to arbitration and is not in conflict with public policy.
Facts
The Applicant and Respondent entered into a contract for the construction of apartments. The Respondent delayed payments, leading to contractual claims by the Applicant. The matter was referred to arbitration, and an award was made by Arch. Julius M.F. Mutunga.
Issues
- Whether the arbitrator dealt with matters beyond the scope of the reference to arbitration
- Whether the impartiality of the Arbitrator placed it at a disadvantage and incapacity
- Whether the arbitral award is in conflict with public policy
Reasoning
The court considers the grounds for setting aside the arbitral award under Section 35 of the Arbitration Act and finds that the award does not deal with matters beyond the scope of the reference to arbitration and is not in conflict with public policy.
Outcome
The application for setting aside the arbitral award is dismissed.
Authorities cited
Legislation (2)
- Arbitration Act, 1995
- Arbitration Rules 1997
Cases cited (1)
- Mahican Investments Limited & 3 Others –vs- Giovanni Gaida & Others [2005]eKLR
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