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Okeno & Sons Building Contractors v. Bukura Agricultural College

(2016) JELR 93912 (CA)

Court of Appeal  •  Civil Appeal (Application) 3 of 2015  •  4 Mar 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

Bukura Agricultural College, the respondent (the applicant in the present application) has sought an order to strike out the appeal lodged in this Court by Okeno and Sons Building Contractors, the appellant, under Rule 42 of the Rules of the Court.

Ms. J. Langat, learned counsel for applicant, referred to grounds in support of the application and submitted that the appeal was filed out of time and without leave of Court or consent of the parties; that no appeal lies to this Court from the decision of the High Court appealed from being a decision arising from an application under Section 35 of the Arbitration Act to set aside an arbitral award; and that the appeal is contrary to public policy as it contravenes the principle of limited intervention by the courts in arbitration matters and the principle of finality of arbitral awards.

Opposing the application, learned counsel for the appellant Mr. M. Orengo referred to the replying affidavit sworn by Romanus Okeno Osonye…

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