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Njama Limited v. Kenya Agricultural & Livestock Research Organization

(2020) JELR 94063 (CA)

Court of Appeal  •  Civil Application 61 of 2017  •  7 Aug 2020  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P) (IN CHAMBERS)

CIVIL APPLICATION NO. 61 OF 2017

BETWEEN

NJAMA LIMITED........................................................APPLICANT

AND

KENYA AGRICULTURAL AND

LIVESTOCK RESEARCH ORGANIZATION....RESPONDENT

(Being an application for leave to appeal against the Order of the High Court of Kenya at Nairobi (Justice Fred Ochieng’, J.) issued on 18th January, 2017 in respect of the Notice of Motion dated 23rd August, 2016

in

Misc. Application No. 514 of 2014)

*********

RULING

On 17th day of April, 2015 F. Ochieng, J. found that the sole arbitrator in this dispute had acted beyond his jurisdiction, by flouted Section 29 (5) of the Arbitration Act; and that he had also acted against public policy by applying double-standards on the issue as to which party had the onus of proving the claim.

In the end, he set aside the final arbitral award published on 31st August, 2012,and delivered on 19th August, 2014 with costs.

The applicant then moved the learned Judg…

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