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Narok County Government (Being the Legal Successor of the Defunct County Council of Narok) v. SEC & M Company Limited

(2020) JELR 98597 (CA)

Court of Appeal  •  Civil Appeal 268 of 2015  •  4 Dec 2020  •  Kenya

Coram
Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The genesis of this appeal is High Court Miscellaneous Application No. 71 of 2014 that was filed by the appellant to set aside the arbitral award by Mr. Arthur K. Igeria dated 29th November 2013. The High Court (J. Kamau, J.) declined to set aside the arbitral award. The appellant, being aggrieved by the learned judge’s refusal to set aside the award, moved this Court by way of an appeal to set aside the aforesaid decision of the learned judge’s decision.

2. The factual background to the appeal is that by an agreement entered into between the parties on 4th August 2005, the respondent, a valuation company, was contracted to conduct a valuation of the appellant’s moveable and immoveable assets. The respondent performed the task and submitted a valuation report to the appellant. Thereafter the respondent billed the appellant a sum of Kshs.89,101,215. The said fees was in accordance with the parties’ agreement which stated that the respondent’s fees shall be as per…

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