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Kenya Oil Company Limited & Kobil Petroleum Limited v. Kenya Pipeline Company

(2014) JELR 100006 (CA)

Court of Appeal  •  Civil Appeal No. 102 Of 2012  •  31 Jan 2014  •  Kenya

Coram
Philip Nyamu Waki, Jamila Mohammed, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal arises from the Judgment of the High Court (D. K. Musinga, J. (as he then was) and G. K. Kimondo J) delivered on 26th January 2012 by which that court allowed the respondent’s appeal against the appellants under section 39 of the Arbitration Act and set aside an arbitral award made on 10th December 2009 in which the arbitrator awarded to the respondent:

Damages to the appellants in the amount of US$43,290,085.7 and Kshs. 2,000,000,000.00 amongst other reliefs.

Kshs. 133,505,216.60.

The High Court further ordered the matter to be remitted back to the arbitrator for reconsideration.

Aggrieved by the decision of the High Court, the appellants filed the present appeal complaining that the High Court erred in setting aside the award; that the court wrongly granted reliefs that were not prayed for; that the High Court conferred on itself jurisdiction, which it does not have, to retry and re-evaluate the evidence; that the High Court erred by holding that the arb…

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