DHANJAL INVESTMENTS LIMITED V. KENINDIA ASSURANCE COMPANY LIMITED

JUDGMENT OF THE COURT

Lenaola, SCJ with whom Maraga, CJ and P, Mwilu, DCJ and VP, Ibrahim and Wanjala SCJJ agree:

A. INTRODUCTION

[1] This is an appeal brought under the provisions of Article 163(4)(b) of the Constitution. It was filed following a review of certification by this Court that the appeal involves matters of general public importance vide its ruling delivered on 10^th May 2016. The Appellant’s initial application for certification of the appeal as involving matters of general public importance was declined by the Court of Appeal in its ruling (Okwengu, Makhandia and Sichale, JJA) dated 22^nd May 2014.

[2] The appeal is against the judgment by the Court of Appeal at Malindi, delivered on the 6^th December 2013 by Githinji, Makhandia and Ouko JJA in Civil Appeal No. 117 of 2010 wherein the learned judges of appeal overturned the High Court decision that dismissed the Respondent’s application to set aside an arbitral award made against the Respondent.

B. SUMMARY OF THE FACTS

[3] The A…