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Micro-House Technologies Limited v. Co-operative College of Kenya

(2017) JELR 99085 (CA)

Court of Appeal  •  Civil Appeal 228 of 2014  •  10 Mar 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. On 23rd January, 2012 Mr. Dan. Ameyo published an arbitral award in favour of the appellant. On 4th April, 2012 the appellant sought to have the arbitral award adopted as a judgment of the High Court. On the other hand, the respondent moved the High Court to set aside the arbitral award.

2. After hearing the two applications, Mutava, J. set aside the award on 15th November, 2012. The appellant was aggrieved by the said decision and immediately after delivery of the ruling made an oral application for leave to appeal, which was granted, and he proceeded to file this appeal.

3. Both Mr. Guantai, learned counsel for the appellant and Ms. Areri, learned counsel who held brief for the respondent’s counsel, Mr. Waweru Gatonye, made submissions, firstly on the issue of jurisdiction of this Court to hear the appeal and secondly, on the merits of the appeal. We shall first consider the issue of jurisdiction, without which a court has no power to make one more step, as was…

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