JOHN KAGO NDUNGU V. JAMES WAMBUGU KARIMI

JUDGMENT OF THE COURT

This is an appeal against the ruling of the superior court (Osiemo, J) delivered at Machakos on 10th December, 1993 whereby the learned judge declined to set aside an award made by an arbitrator, Mr. Daniel Muia of Ndambuki and Associates. mr Muia is a Certified Public Accountant.

The parties to the appeal were both farmers, at the material time, in a business known as Bora Bora Sunset Butchery. They fell out and by his letter dated 9th September, 1992 the appellant withdrew himself from the partnership with effect from 22nd day of August, 1992 and having unilaterally withdrawn a sum of Shs.41,100 from the partnership bank account for "his upkeep" The respondent followed up his letter of 9th September, 1992 by one of 16th September, 1992 in which letter he disclosed the reason for dissolution partnership and he put graphically as:

"I am sure you know that trust is like virginity and when you loose it, it is for sure lost and not to come back."

After the de fact disso…