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Joseph W. Karanja & Martha Wangui Karanja v. Geoffrey Ngari Kuira

(2006) JELR 105427 (CA)

Court of Appeal  •  Civil Appeal 130 of 2002  •  14 Jul 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell



This is an appeal from the Ruling of the Honourable Mr. Justice Onyango Otieno J., (as he then was), delivered on the 15th February 2000 (hereinafter “the Second Ruling”) in Miscellaneous Civil Application No 65 of 1999. The Second Ruling arose from an application for review of the Judge’s decision dated 2nd December 1999 (hereinafter “the First Ruling”).

The First Ruling was on an application to set aside an arbitral award dated 4th January 1999 (hereinafter “the Award”) given by an arbitral tribunal consisting of J.B. Havelock, J.M. Mutungi, (as he then was), and Njeri Kariuki. This arbitral tribunal was set up by an Arbitration Agreement (the “Agreement”) under the Arbitration Act 1995 between Mr. Kuira (who was the claimant in the arbitration and is the respondent to this appeal), (hereinafter “the Respondent”), and Dr. Joseph Karanja and Martha W. Karanja who were the respondents in the arbitration and are the appellants in this appeal (hereinafter “the Appell…

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