Muranga University of Technology v Manyota Limited [2020] KEHC 410 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO. 110 OF 2019

MURANGA UNIVERSITY OF TECHNOLOGY.............PLAINTIFF

-VERSUS-

MANYOTA LIMITED......................................................DEFENDANT

RULING

The application dated 14th October, 2020 seeks to have this matter transferred to the High Court Commercial and Tax division, Nairobi, for trial and determination. It is supported by the affidavit of Joseph M. Rituga. Mr. Mwangi, Counsel for the applicant submitted that the proceedings herein arise from an arbitration award. The dispute arose out of a construction agreement and the matter does not fall within the jurisdiction of the Civil Division.

Mr. Kimathi, Counsel for the respondent relied on the replying affidavit sworn by himself. It was submitted that the applicant’s suit seeks to set aside an arbitration award that has already been adopted in the commercial division vide Case number E132 of 2019 (Manyota Limited –V- Murang’a University). Justice M.W. Muigai of the Commercial and Tax Division delivered a ruling adopting the award on 15th April, 2020. The applicant did not appeal against the adoption of the award and is taking the courts in circus. There is a judgment in force.

From the submissions by counsels for the parties herein, it is established that there is another file before the Commercial and Tax Division. The other file involves the same parties and the same subject matter. It will be prudent if the same division deals with the same issues. Counsel for the respondent filed case number E132 of 2019 before the Commercial and Tax Division. The decision to file the suit at that division must have been guided by the fact that it is that division which handles such matters. There is no contention in response to the application that the Commercial and Tax Division lacks jurisdiction to deal with this matter. Indeed parties are already litigating before that division. I do find that for purposes of proper case management, it is that division which can determine this matter as it has already adopted the award of the arbitrator. The originating summons herein seeks to set aside the same award that has been adopted by the Commercial and Tax division. The transfer of the matter to that division is necessary so as to avoid conflicting decisions on the same subject matter.

The upshot is that the application dated 14th October, 2020 is merited and the same is hereby granted as prayed. Costs shall follow the outcome of the main claim.

Dated and Signed at Nairobi this 8th day of December, 2020

..............................

S. CHITEMBWE

JUDGE