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BROADWAY TRUST LTD
V.
CHINA YOUNG TAI ENGINEERING CO. LTD

(2018) JELR 103513 (CA)

Court of Appeal 19 Jan 2018 Kenya
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Case Details

Suit Number:Civil Appeal 291 of 2012
Judges:Philip Nyamu Waki, Daniel Kiio Musinga, Kathurima M'inoti
Location:Nairobi
Other Citations:Broadway Trust Ltd v. China Young Tai Engineering Co. Ltd [2018] eKLR

JUDGMENT OF THE COURT

In this appeal, the appellant, Broadway Trust Limited, is aggrieved by the ruling and order of the High Court (Havelock, J.) dated 26th January 2012 in which the learned judge held that proceedings taken out by the respondent, China Young Tai Engineering Co. Ltd. to enforce an arbitral award were regular and within the Arbitration Rules, 1997. It contends that the respondent irregularly extracted the decree without reference to it, adopted a wrong and ex parte procedure, and violated the rules of natural justice by denying it the opportunity to be heard before the arbitral award was made a decree of the court.

The respondent resists the appeal by contesting the jurisdiction of this Court to entertain it, the competence of the appeal and as regards the merits of the appeal, by contending that the arbitral award was properly and regularly made a decree of the High Court.

The background to the appeal is fairly straightforward. By a written contract dated 31st May 2008,…

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