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ADVERTISING COMPANY LIMITED
V.
KENYA POST OFFICE SAVINGS BANK

(2022) JELR 113377 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 340 OF 2017
Judges:DK MUSINGA, JA RN NAMBUYE, JA W KARANJA, JA
Location:Nairobi

JUDGMENT

  1. The genesis of this appeal is an arbitral award that was given by Mr. Kamau Karori, FCIArb, on 28th April 2015 in favour of the appellant, The Advertising Company Limited, in the sum of Kshs.10,336,567.06.00 plus costs and interest thereon at the rate of 17% per annum from 7th November, 2012 until payment in full.

  2. On 29th July 2015 the respondent filed an application in the High Court of Kenya At Nairobi under section 35 (1) of the Arbitration Act and rule 7 of the Arbitration Rules seeking an order to set aside the arbitral award on grounds, inter alia, that the sole arbitrator dealt with matters otherwise not contemplated under the agreement that was the subject matter of the arbitration.

  3. In a ruling by F. Amin, J. dated 29th June 2017, the learned judge set aside the award in its entirety. Being dissatisfied with the said order, the appellant preferred an appeal to this Court, stating, inter alia, that the learned judge erred in law and fact in finding that the arbitrator exc…

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