Jacob Cheruiyot & another v Joseph Gitau Mwangi & 3 others [2020] eKLR Case Summary

Court
Environment and Land Court at Nairobi
Category
Civil
Judge(s)
Justice S. Okong'o
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Jacob Cheruiyot & another v Joseph Gitau Mwangi & 3 others [2020] eKLR, detailing key legal findings and implications in this notable ruling.

Case Brief: Jacob Cheruiyot & another v Joseph Gitau Mwangi & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Jacob Cheruiyot & Jane Chepkorir Baliach v. Joseph Gitau Mwangi & Sophia Wanjiru Gitau & Peter Githirw Waweru t/a Ideal Auctioneers
- Case Number: ELC Suit No. 106 of 2016
- Court: Environment and Land Court at Nairobi
- Date Delivered: 8th October 2020
- Category of Law: Civil
- Judge(s): Justice S. Okong'o
- Country: Kenya

2. Questions Presented:
The central legal issues for the court included:
- Whether the arbitral award made by the arbitrator should be adopted as a judgment of the court.
- Whether the application by the defendants to set aside the arbitral award was valid and justified.

3. Facts of the Case:
The plaintiffs, Jacob Cheruiyot and Jane Chepkorir Baliach, entered into a sale agreement on 13th November 2014 with the defendants, Joseph Gitau Mwangi and Sophia Wanjiru Gitau, regarding the property known as House No. M-29, Hazina Estate, Nairobi. The plaintiffs alleged that the defendants breached the agreement by failing to provide completion documents necessary for the transfer of the property. The defendants later attempted to rescind the agreement, claiming the plaintiffs had not paid the balance of the purchase price and began demanding rent. The plaintiffs contended that they were not tenants and sought an injunction against the defendants from levying distress for rent, along with specific performance of the sale agreement.

4. Procedural History:
On 29th June 2016, the defendants filed for a stay of proceedings to refer the matter to arbitration as per the agreement's arbitration clause. The court consented to this on 24th November 2016, and Justus M. Munyithya was appointed as the sole arbitrator. The arbitrator ruled on 13th November 2018, finding the defendants in breach of the sale agreement and outlining specific orders regarding the completion of the sale and payment of service charges. The plaintiffs subsequently sought to have the arbitral award adopted by the court, while the defendants filed an application to set aside the award.

5. Analysis:
- Rules: The relevant statutes included the Arbitration Act (Cap 4 of 1995) and the Civil Procedure Act. Section 35 of the Arbitration Act outlines the grounds upon which an arbitral award can be set aside.
- Case Law: The court referenced *Christ for All Nations v Apollo Insurance Co. Ltd* [2002] 2 E.A. 366, which emphasizes the finality of arbitral awards and the limited grounds for setting them aside.
- Application: The court found that the defendants' application to set aside the arbitral award was filed out of time and lacked merit. The arbitrator had not exceeded his authority, and the award was deemed enforceable. The court upheld the arbitrator's findings that the defendants had breached the agreement and that the plaintiffs were entitled to the completion documents.

6. Conclusion:
The court dismissed the defendants' application to set aside the arbitral award, recognizing and adopting the award as a judgment of the court. The court ordered the enforcement of the award, which included provisions for the completion of the sale and payment of service charges.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The case concluded with the Environment and Land Court recognizing the arbitral award as a judgment, thereby affirming the plaintiffs' rights to the property and the completion documents. The ruling highlighted the importance of adhering to arbitration agreements and the limited grounds for challenging arbitral awards in Kenya, reinforcing the principle of finality in arbitration.

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