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ELCAllowedChamber Summons dated 10/10/2014 (amended 17/6/2021)· [2021] KEELC 2553 (KLR)

Evangelizing Sisters of Mary v Diocess of Ngong [2021] KEELC 2553 (KLR)

Environment and Land Court
14 July 2021
BEB M Eboso
391 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court converted a private arbitration award over Ngong land into an enforceable court judgment because nobody objected.

What this practically means

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Executive summary

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By a chamber summons dated 10/10/2014 and amended on 17/6/2021, the Evangelizing Sisters of Mary asked the court to adopt a final arbitral award dated and published on 13/7/2011 as a judgment of the court and to issue a decree thereon. The dispute concerned ownership of Land Reference Number 23011, comprised in Grant No IR 5480, measuring approximately 10.93 hectares in Ngong, Kajiado County. The parties had voluntarily submitted the dispute to an arbitral tribunal comprising a single arbitrator, Rev Fr Emmanuel Jada Patrisio, and the award was countersigned by His Eminence John Cardinal Njue, Apostolic Administrator of Ngong Diocese, and Rev Fr John Orange Obaga, and signed by Sr Anna Mary Henrietta Nyangoma and Sr Magdalene Massawe for the applicants. The application was unopposed: an affidavit of service sworn on 2/7/2021 showed that the amended application and hearing notice were served on the respondent on 17/6/2021. The application was canvassed orally on 6/7/2021 by Mr Liech for the applicants, relying on the supporting affidavit of Sister Anna Mary Henrietta Nyangoma. Considering the application, the supporting affidavit and the final award, and in the absence of any objection to adoption, the court exercised its jurisdiction under Section 36 of the Arbitration Act, adopted the award of 13/7/2011 as a judgment of the court, granted the application in terms of Prayer 1, and made no order as to costs. Judgment was delivered at Nairobi on 14 July 2021 by B M Eboso J.

Key legal issues

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Adoption of a final arbitral award as a judgment of the court under Section 36 of the Arbitration Act

Holding

The court adopted the final award dated 13/7/2011 as its judgment where the application was unopposed and there was no objection to adoption.

Reasoning

The parties had voluntarily submitted a dispute over ownership of LR Number 23011 to an arbitral tribunal, which published a final award on 13/7/2011. The amended chamber summons and hearing notice were served on the respondent, who filed no objection. Satisfied by the supporting affidavit and having perused the award, the judge exercised the Section 36 jurisdiction and granted Prayer 1 of the application, with no order as to costs.

p. 2

Legal principles established

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  • In the absence of any objection to the adoption of an arbitral award, the court will exercise its jurisdiction under Section 36 of the Arbitration Act and adopt the award as a judgment of the court.

Court orders

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  1. 1.The final arbitral award dated 13/7/2011 is adopted as a judgment of the court
  2. 2.The chamber summons application dated 10/10/2014 and amended on 17/6/2021 is granted in terms of Prayer 1
  3. 3.No order as to costs

Authorities

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Legislation

  • Arbitration ActSection 36
Jurisdiction invoked
Section 36 of the Arbitration Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Evangelizing Sisters of Mary v Diocess of Ngong [2021] KEELC 2553 (KLR)", Case Analysis (2021). Chamber Summons dated 10/10/2014 (amended 17/6/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2553/eng@2021-07-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.