National Housing Corporation v Custom General Construction Limited [2021] KEHC 9300 (KLR)
- Court
- High Court of Kenya
- Case number
- 9300
- Citation
- [2021] KEHC 9300 (KLR)
- Decided
- 5 February 2021
The time for filing the application to set aside the award starts to run from the date the award is received, which is when the Arbitrator delivers the award to the parties.
Facts
Custom General Construction Limited won a tender for the construction of the Kisii High Rise Housing Scheme Phase I. The parties entered into a contract, but disputes arose over final accounts leading to arbitration. The National Housing Corporation seeks to set aside the award.
Issues
- When does the time for filing the application to set aside the award start to run?
- What is the meaning of 'received' in the context of the Arbitration Act?
Reasoning
The court relies on section 35(3) of the Arbitration Act and previous cases to determine that the time for filing the application to set aside the award starts to run from the date the award is received, not when the parties are notified of the award.
Outcome
The application to set aside the award is dismissed.
Authorities cited
Legislation (2)
- Arbitration Act
- UNCITRAL Model Law on International Commercial Arbitration
Cases cited (6)
- Ann Mumbi Hinga v Victoria Njoki Gathara
- Ezra Odondi Opar v Insurance Company of East Africa Limited
- Nyutu Agrovet Limited vs. Airtel Networks Kenya Limited
- Transworld Safaris Limited v Eagle Aviation Limited
- Mahican Investments Limited and 3 Others v Giovanni Gaida and 80 Others
- Mahinder Singh Channa vs. Nelson Muguku & Another
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