' Background
1. I have carefully considered the application dated 30th May 2025, brought pursuant to Section 36 of the Arbitration Act, No. 4 of 1995, and Rules 9 and 11 of the Arbitration Rules, 1997. The applicant seeks recognition of an arbitral award and leave to enforce the same as a judgment of this Court. The application is supported by the affidavit of Oscar Muva, sworn on 29th May 2025.
2. Despite being duly served and afforded an opportunity to respond, the respondent has not filed any response or grounds of opposition. Nonetheless, the Court is enjoined to evaluate whether the legal threshold for recognition and enforcement of the arbitral award has been satisfied.
Analysis and Determination
3. Upon consideration of the pleadings and applicable law, I note that there is no pending application before this Court seeking to set aside the arbitral award under Section 35 of the Arbitration Act. The award therefore technically stands unchallenged.
4. Section 36 of the Arbitration Act sets out the legal framework for recognition and enforcement of arbitral awards. It provides, inter alia:
“36. (1) An arbitral award, irrespective of the state in which it was made shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37.
(2) Unless the High Court otherwise orders, the party relying on an arbitral award or applying for its enforcement shall furnish—
i. the duly authenticated original arbitral award or a duly certified copy of it; and
ii. the original arbitration agreement or a duly certified copy of it.”
5. In support of the application the applicant has furnished:
i. A certified copy of the Trade Loan Agreement dated 18th May 2023, which contains an arbitration clause at Clause 21.2.1.
ii. A certified copy of the Final Arbitral Award dated 20th April 2025, signed by the sole arbitrator, Dr. Chikwendu Madumere, FCIArb, C.Arb.
These documents satisfy the evidentiary requirements under Section 36(2) of the Act.
Disposition
6. In light of the foregoing, I am satisfied that the applicant has met the statutory requirements for recognition and enforcement of the arbitral award. Accordingly, the application dated 30th May 2025 is hereby allowed in the following terms:
i. The Final Award made and published on 20th April 2025 by the Sole Arbitrator, Dr. Chikwendu Madumere, FCIArb, C.Arb is hereby recognized and adopted as a judgment of this court.
ii. Judgment is accordingly entered in favor of the applicant as against the respondent in terms of the Final Award made and published on 20th April 2025 by the Sole Arbitrator, Dr. Chikwendu Madumere, FCIArb, C.Arb.
iii. The applicant is granted leave to enforce the award as a decree of this court.
'
1. I have carefully considered the application dated 30th May 2025, brought pursuant to Section 36 of the Arbitration Act, No. 4 of 1995, and Rules 9 and 11 of the Arbitration Rules, 1997. The applicant seeks recognition of an arbitral award and leave to enforce the same as a judgment of this Court. The application is supported by the affidavit of Oscar Muva, sworn on 29th May 2025.
2. Despite being duly served and afforded an opportunity to respond, the respondent has not filed any response or grounds of opposition. Nonetheless, the Court is enjoined to evaluate whether the legal threshold for recognition and enforcement of the arbitral award has been satisfied.
Analysis and Determination
3. Upon consideration of the pleadings and applicable law, I note that there is no pending application before this Court seeking to set aside the arbitral award under Section 35 of the Arbitration Act. The award therefore technically stands unchallenged.
4. Section 36 of the Arbitration Act sets out the legal framework for recognition and enforcement of arbitral awards. It provides, inter alia:
“36. (1) An arbitral award, irrespective of the state in which it was made shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37.
(2) Unless the High Court otherwise orders, the party relying on an arbitral award or applying for its enforcement shall furnish—
i. the duly authenticated original arbitral award or a duly certified copy of it; and
ii. the original arbitration agreement or a duly certified copy of it.”
5. In support of the application the applicant has furnished:
i. A certified copy of the Trade Loan Agreement dated 18th May 2023, which contains an arbitration clause at Clause 21.2.1.
ii. A certified copy of the Final Arbitral Award dated 20th April 2025, signed by the sole arbitrator, Dr. Chikwendu Madumere, FCIArb, C.Arb.
These documents satisfy the evidentiary requirements under Section 36(2) of the Act.
Disposition
6. In light of the foregoing, I am satisfied that the applicant has met the statutory requirements for recognition and enforcement of the arbitral award. Accordingly, the application dated 30th May 2025 is hereby allowed in the following terms:
i. The Final Award made and published on 20th April 2025 by the Sole Arbitrator, Dr. Chikwendu Madumere, FCIArb, C.Arb is hereby recognized and adopted as a judgment of this court.
ii. Judgment is accordingly entered in favor of the applicant as against the respondent in terms of the Final Award made and published on 20th April 2025 by the Sole Arbitrator, Dr. Chikwendu Madumere, FCIArb, C.Arb.
iii. The applicant is granted leave to enforce the award as a decree of this court.
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