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FRANCIS MAINA MATHII V. PETER NGURU BEDAN

(1997) JELR 104414 (CA)

Court of Appeal  •  Civil Appeal 292 of 1996  •  16 May 1997  •  Kenya

Coram
Johnson Evan Gicheru, Samuel Elikana Ondari Bosire

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>This appeal is against the decision of the superior court (Tunoi j. as he then was) by which the superior court declined to review the non-setting aside of an award made and given by the arbitrators which was read to the parties on 18<sup>th</sup> October, 1990. The appellant and supplied, earlier, to have the award set aside on basis, inter alia, that the award was not base on the evidence, just and fair, adduced before the panel of arbitration.</p><p>The appellant then applied to have the learned judge’s ruling reviewed. We need not go at Length into the matters then raised by the appellant.</p><p>The crucial aspect of this appeal is that the panel of arbitrators proceeded to give and make the award in favour of the respondent on the alleged factual basis that the appellant’s father had sold the land in question to the respondent as the appellant’s father needed money for medical treatment. The fact of the matter however remains that the panel of the arbitrators, without there being any…</p>

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