THIKA COFFEE MILLS V. RWAMA FARMERS CO-OPERATIVE SOCIETY LIMITED

RULING OF THE COURT

[1] On 12th October 2018, this Court (Makhandia, Kiage and M’Inoti, JJ.A.), having heard CA No. 251 of 2013 delivered a majority judgment, in which it dismissed the appeal. The appeal had arisen from a judgment of the High Court, Mabeya, J. in which the High Court dismissed an application that had been lodged by Thika Coffee Mills. The applicant had sought to set aside an arbitral award made against it and in which Rwama Farmers’ Co-operative Society Limited, (the respondent herein), was awarded inter alia, a sum of Ksh5,422,160.25. The learned Judge ordered that the arbitral award be adopted as a judgment of the court, and also awarded costs to the respondent.

[2] The applicant, who was aggrieved by the judgment of the High Court, lodged an appeal in this Court which culminated in the judgment of 12th October, 2018. By a notice of motion dated 24th December, 2018, the applicant who found no solace in that judgment, moved this Court for an order of stay of execution …