MAIRI V. NGONYORO €ŒB€

REPUBLIC OF KENYA

Mairi v. Ngonyoro “B”

Nyarangi, Platt and Gachuhi, JJA

November 18, 1986

Nyarangi JA delivered the following Judgment.

In Civil Suit No 2638 of 1980 of the High Court, Nairobi Porter J dismissed the application by notice of motion dated July 20 1983, before that court for orders that the arbitrator’s award filed in the High Court be set aside and that the suit be fixed for hearing in court in the normal way and against that decision the appellant has appealed to do this court.

The gravamen of the matters appears to me to be this: did the order made by the judge by the consent of the parties to refer the dispute to arbitration by elders under chairmanship of the District Officer Kandara on the three stated issues comply with order 45 rule 1 of the Civil Procedure Rules? Secondly, is the award made by the elders valid?

Order 45 rule 1 of the Rules provides:

“1. Where in any suit all the parties interested who are not under disability agree that any matter in difference between…