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…The principles in Republic v Turnbull [1977] QB 224 are also relevant in cases of identification/recognition at night.…

…However, this does not render recognition immune from error; it must be established that the conditions favoured proper recognition. 15. The evidence shows that the Appellants were known to the witnesses.…

…The Applicant argues that Section 36 does not restrict recognition and enforcement to final awards only. 10.…

…Instead, it seeks recognition and enforcement of the subsequent Award on Quantum of Costs dated 5 th December 2024, which had not itself been presented to the Court for recognition. 38.…

…Recognition and enforcement may only be declined on the grounds set out under section 37 of the Act. 11.…

…I find no basis for declining recognition and enforcement.…

…The principles in Republic v Turnbull [1977] QB 224 are also relevant in cases of identification/recognition at night.…

…However, this does not render recognition immune from error; it must be established that the conditions favoured proper recognition. 15. The evidence shows that the Appellants were known to the witnesses.…

…The next issue to determine is whether there is any ground for refusal of recognition or enforcement of the arbitral awards. 17.…

…Section 37 of the Arbitration Act provides for the grounds for refusal of recognition or enforcement of an arbitral award as follows: (1) The recognition or enforcement of an arbitral award, irrespective of the state in which…

…Recognition and enforcement of arbitral award 1.…

…The respondent confirmed that it has no objection to recognition and enforcement of the consent award. The applicant stated that the award has never been challenged or otherwise disputed.…

…The respondent opposed the recognition and enforcement of the award on the following grounds: - (1) The arbitral process was undertaken without jurisdiction; (2) Recognition and enforcement of the award would be contrary…

…Grounds for refusal of recognition or enforcement (1)The recognition or enforcement of an arbitral award, irrespective of the state in which it was made, may be refused only— (a)at the request of the party against whom it…

…LNN seeks recognition and adoption of the arbitral award rendered by the sole arbitrator, Ms. Ngeresa A.…

…The pendency of liquidation proceedings does not, in my view, bar the recognition of an arbitral award. Recognition is a procedural step concerned solely with converting the arbitral award into a judgment of the Court.…

…Recognition and enforcement of awards (1) A domestic arbitral award, 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) …………….…

…In Samura Engineering Limited vs Don-Wood Co Ltd [2014] eKLR it was held: - “Of course, section 36(1) of the Act requires an application in writing for recognition and enforcement of an award to be made.…

…The issue that arises for determination is whether an order of recognition and enforcement of the Partial Arbitral Award should be made. 14.…

…The respondent opposed the recognition and enforcement of the said Award on grounds that it was not final and binding since the Arbitration was split into three phases.…

…He therefore seeks recognition of the award together with interim preservation orders. 7.…

…Whether the Application dated 28th August 2025 meets the threshold for recognition of an arbitral award ii.…

…Notably, whereas the application seeking for recognition and enforcement of the award is opposed by the Respondent, no application was filed under Section 35 of the Arbitration Act seeking that the award be set aside. 12.…

…Recognition and enforcement of arbitral awards is generally governed by Section 36 of the Arbitration Act, which states as follows: 36.…

…Section 36 of the Arbitration Act provides for the recognition and enforcement of arbitral awards. Section 37 outlines the limited grounds upon which recognition or enforcement may be refused.…

…The respondent’s reliance on the ongoing insolvency proceedings as a basis to oppose recognition is misplaced.…

…He argues that the Respondent has failed to establish any of the statutory grounds for refusing recognition or enforcement.…

…Section 37 outlines grounds for refusal of recognition or enforcement as follows: - “ (1) The recognition or enforcement of an arbitral award, irrespective of the state in which it was made, may be refused only— (a) at the…

…LNN seeks recognition and adoption of the arbitral award rendered by the sole arbitrator, Ms. Ngeresa A.…

…The pendency of liquidation proceedings does not, in my view, bar the recognition of an arbitral award. Recognition is a procedural step concerned solely with converting the arbitral award into a judgment of the Court.…

…It is trite law that recognition of a suspect by a victim is better than mere identification of a stranger.…

…This was, however, a case of recognition, not identification, of the assailants; recognition of an assailant is more satisfactory, more assuring, and more reliable than identification of a stranger because it depends upon…

…Namuye confirmed that the parties arrived at the settlement and that the respondent does not object to the recognition of the award. Analysis and determination 10.…

…The respondent confirmed that it has no objection to recognition and enforcement of the consent award. 16.…

…The Applicant seeks recognition and enforcement of the Final Award published by the Sole Arbitrator, Mercy Okiro, FCIArb, on 17th June 2025 as a decree of this court. 2.…

…There is therefore no basis upon which the court may decline recognition and enforcement of the Award. 11.…

…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.…

…Section 36 of the Arbitration Act sets out the legal framework for recognition and enforcement of arbitral awards.…