LEONARD WACHIRA KARANI V. FRANCIS MBUI MUNYAKA

IN THE COURT OF APPEAL

AT NYERI

(Coram: Platt, Gachuhi and Masime JJA)

CIVIL APPEAL NO 45 OF 1986

LEONARD WACHIRA KARANI...........................APPELLANT

VERSUS

FRANCIS MBUI MUNYAKA..............................RESPONDENT

JUDGMENT.

(Appeal from the High Court at Nyeri, Patel J)

Platt, Gachuhi, Masime JJA delivered the following Judgment.

This appeal arises from the ruling of the High Court at Nyeri, whereby it dismissed the Appellant’s application to set aside the award of a panel of elders, which arbitrated the dispute between the parties. That application alleged that the panel of elders was guilty of misconduct, and so the award ought to be set aside under Rule 15(a) of Order 45 of the Civil Procedure Rules. In his ruling the learned trial judge found no misconduct, and so he dismissed the application and proceeded to enter judgment in terms of the award.

In this appeal the same allegation of misconduct has been argued. Learned Counsel for the Appellant has referred us to the record of the…