JUDGMENT
Hancox JA This is an appeal from the decision of Aganyanya J dismissing an application to set aside an arbitration award dated July 5, 1982, whereby, 10.6 acres of the suit land at Location 19/Kiambogo/861, were given to the original plaintiff (the present respondent), and 20 acres were given to the original defendant (who is the present appellant).
Both of them were at that time deceased and their legal representatives were consequently, made parties to the suit. Nevertheless, the appeal is entitled in the names only of the original parties to the suit.
The award was filed in court on November 26, 1982, nearly seven years after the filing of the suit. The motion to set it aside did not specify which of the grounds in order XLV rule 15 of the Civil Procedure Rules, were relied on for this purpose, and although the affidavit in support of it contains lengthy complaints about the conduct of the arbitration, in his submissions before us in this appeal, Mr Gaturu narrowed down the a…