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Synergy Industrial Credit Limited v. Cape Holdings Limited

(2021) JELR 94908 (CA)

Court of Appeal  •  Civil Appeal 81 of 2016  •  29 Jan 2021  •  Kenya

Coram
Jamila Mohammed, Fatuma sichale, Kathurima M'inoti

Judgement

RULING OF THE COURT

In its judgment dated 6th November 2020, this Court found in favour of the appellant in the appeal. The central issue in the appeal was whether the High Court erred by setting aside an arbitral award on the grounds that the arbitral tribunal had dealt with a dispute not contemplated by the parties, or one beyond the terms of the reference or had otherwise decided matters beyond the scope of the arbitral reference. In holding that the High Court was not entitled to interfere with the arbitral award, the Court rendered itself as follows:

“Ultimately we find merit in this appeal. The learned judge was not justified in setting aside the arbitral award on the grounds that the arbitral tribunal had dealt with a dispute that was not contemplated by the parties, or one beyond the terms of the reference to arbitration, or had decided matters beyond the scope of the reference. The appellant will have the costs of the appeal. It is so ordered.”

On 16th November 2020, the appella…

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