JUDGMENT OF KIAGE, JA
Rarely has a dispute engaged the superior courts of this land as intensely, as repeatedly and as intractably as the one involving Synergy Industrial Credit Limited (Synergy) and Cape Holdings Limited [now] Under Administration) (‘Cape Holdings’) the main protagonists in the consolidated appeals before us revolving around the aborted sale of a certain prime property on “14 Riverside,” in Nairobi’s Westlands locate being L.R. No. 209/19436 (IR 120877) (the suit property). That sale, initially conceived in the happy circumstance of friendly familiarity and trust between directors of Cape Holdings the seller and Synergy, the buyer, soon fell through and saw Synergy demanding payment of some Kshs. 750 million that it had paid to Cape Holdings in the year 2010. Thus was birthed a gigantic legal battle that has lasted for nearly a decade and a half.
The dispute was first referred to a sole arbitrator, Mr. Ochieng Oduol who, by an award made and published on 30th J…