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Synergy Industrial Credit Limited v. Cape Holdings Limited

(2018) JELR 94480 (SC)

Supreme Court  •  Petition 2 of 2017  •  8 Nov 2018  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] Before this Court, is the respondent’s Notice of Preliminary Objection on points of law dated 27th February, 2018 and filed on even date. The points of law raised are that the Supreme Court lacks jurisdiction to entertain the appeal herein by virtue of the provisions of Article 163(4) of the Constitution; Sections 15 and 19 of the Supreme Court Act and Sections 10, 35, 36 and 39 of the Arbitration Act. Consequently, the respondent contends that the petition of appeal herein is an abuse of court process and should be struck out with costs to the respondent.

B. BACKGROUND

[2] The appeal in which the Preliminary Objection has arisen stems from arbitration proceedings before a sole arbitrator following a dispute with respect to 14 agreements for sale of office space and parking spaces. The respondent, aggrieved with the award of the arbitrator proceeded to invoke Section 35 of the Arbitration Act to challenge the outcome. The High Court set aside the aw…

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