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NAIROBI CITY WATER AND SEWERAGE COMPANY LIMITED
V.
CAPTURE SOLUTIONS LIMITED

(2022) JELR 113623 (CA)

Court of Appeal 4 Mar 2022 Kenya
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Case Details

Suit Number:Civil Application E230 of 2021
Judges:K M'Inoti, JA J Mohammed, JA S ole Kantai, JA
Location:Nairobi

RULING

  1. The history of the dispute between the parties herein (Nairobi City Water and Sewerage Company Limited – the applicant” and Capture Solutions Limited – “the respondent”) will be traced to the Award of a single arbitrator, Prof. Ike Ehiribe made on 27th December, 2019 where the arbitrator found that the applicant was indebted to the respondent for certain sums of money for services rendered but for which the applicant had not paid. Majanja, J., sitting at the High Court of Kenya, Nairobi, was moved by the respondent in an application made under the Arbitration Act to recognize the award. In a ruling delivered on 27th August, 2020 the learned Judge found that services had been rendered by the respondent to the applicant; that the Arbitral Tribunal had not exceeded the scope of the reference; that the respondent had not been unjustly enriched; that the respondent had delivered goods which had not been paid for. The learned Judge further found that the Final Award by the arbitrator …

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