RULING OF THE COURT
1. DHL Excel Supply Chain Kenya Limited, the applicant, has brought an application anchored under Rules 39 (b), 40 (b), 42 (1), 43 (3) of the Court of Appeal Rules (the Rules) and section 39 (3) (b) of the Arbitration Act. It seeks leave to prefer an appeal to this Court against a ruling of the High Court which was made under the provisions of section 35 of the Arbitration Act (the Act). In that regard, Tilton Investments Limited, the respondent, contends that no appeal lies to this Court against such a decision.
2. By a contract dated 1st April, 2011 the applicant appointed the respondent as a carrier charged with the responsibility of providing trucks for transportation of goods to the applicant’s customers in Kenya and Uganda. However, on 12th February, 2012 the applicant terminated the contract on the ground that the respondent was unable to perform the contract. The respondent disputed this allegation. Pursuant to the terms of the contract, the dispute was refer…