The petitioner brought this petition under sections 15 and
16 of the Arbitration Act [Cap 15 R.E. 2002] read together with rules 5, 6, 7,
and 8 of the Arbitration Rules, GN. No. 427 of 1957, against the Respondent,
seeking the following Court orders:
1. Declaratory
order of setting aside part of the award granting KMJ Five Hundred Million for
alleged wrongful calling of Bank guarantee.
2. Declaration
order of setting aside part of the award ordering an expert adjudication in
terms of paragraph 122 of the final award.
3. In the
alternative, declaration order remitting part of the award as decided in terms
of paragraph (a) and (b) of the arbitral tribunal for reconsideration.
4. Costs of
the suit, and
5. Any other
reliefs as this Honourable Court may deem fit.
The Respondent urged the Court to dismiss the petition with
costs based on the three (3) points of preliminary objection raised namely:
1. That the
petitioner’s petition is misconceived.
2. That the
petitioner’s petition is overtaken by events.
3. That the
petitioner’s petition contains arguments, assertion, assumption, conclusion and
opinions.