GITHUNGURI DAIRY FARMERS CO-OPERATIVE SOCIETY V. ERNIE CAMPBELL & CO. LTD & GITHUNGURI DAIRY PLANT COMPANY LTD

JUDGMENT OF THE COURT

The facts that form the basis of the dispute between the parties herein are undisputed and are succinctly captured in the ruling the subject of this appeal. Ernie Campbell and Co. Ltd “the 1^st respondent ” sued Githunguri Dairy Plant Company Ltd “the 2^nd respondent” on account of outstanding sums of money owed to it by the latter arising from a construction contract for a milk processing plant, an office building and associated civil engineering services in Githunguri Township, Kiambu County. Following the filing of the suit in the High Court, the parties agreed to refer the dispute to arbitration. Following the arbitral proceedings, the arbitrator rendered his award on 29^th April 2003, and found in favour of the 1^st respondent in the sum of Kshs. 13,677,440.80/- with interest thereon at the rate of 12% per annum from 23^rd July 2003 till payment in full plus costs of the arbitration.

Subsequently, the 1^st respondent applied to the High Court, pursuant to section 36…