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Synergy Industrial Credit Ltd v. Cape Holdings Ltd

(2020) JELR 94944 (CA)

Court of Appeal  •  Civil Appeal 81 of 2016  •  6 Nov 2020  •  Kenya

Coram
Jamila Mohammed, Fatuma sichale, Kathurima M'inoti

Judgement

RULING OF THE COURT

This ruling determines the Motion on Notice dated 25th September 2020, taken out by the Respondent, Cape Holdings Ltd. The respondent prays for review or rescission of the order of this Court dated 22nd July 2020 which dismissed its application for adjournment of the hearing of the substantive appeal scheduled for that date and directed the same be heard and determined on the basis of written submissions filed by both parties. The respondent seeks a further order that upon review and rescission of the order of 22nd July 2020, it be granted an opportunity to highlight its written submissions.

The background to the application is shortly as follows. On 30th January 2015 an arbitral tribunal awarded the appellant, Synergy Industrial Credit Ltd, substantial amounts of money against the respondent for breach of contract. The respondent applied to the High Court under section 35 of the

Arbitration Act to set aside the award and by a ruling dated 11th March 2016, the High Co…

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