RULING OF THE COURT
[1] By a notice of motion dated 22nd May, 2020, the applicant, University of Nairobi, seeks leave from this Court to lodge an appeal against the ruling and orders issued by the High Court (Tuiyott, J), on 13th May, 2020 striking out a motion that had been lodged by the applicant under Section 35 of the Arbitration Act.
[2] The background to the application before us is that the applicant and the respondent, Multiscope Consulting Engineers, entered into a contract for professional consulting services regarding building and civil engineering works that were being undertaken by the applicant. The applicant who was dissatisfied with the work that was being done involved the Engineers Board, who concurred that there were serious and substantial defects in the services rendered, whereupon the applicant terminated the respondent’s appointment. This resulted in the respondent instituting arbitration proceedings which were determined in the respondent’s favour. The respondent…