IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Kneller, Hancox JJA and Chesoni Ag JA )
CIVIL APPEAL NO. 54 OF 1983
BETWEEN
KIBUTHA..................................................................APPELLANT
AND
KIBUTHA.............................................................RESPONDENT
(Appeal from the High Court at Nairobi, Aganyanya J)
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…