<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">M&#x27;Rewa Kiome (the appellant) filed a claim in the Principal Magistrates&#x27; Court at Meru against Stephen Maroncha Kiome (the respondent) claiming parcel of land No. MWIMBI/CHOGORIA/1218 (the suit land), registered in the name of the respondent, but which the appellant claimed the respondent held in trust for him. The respondent filed a defence in which he denied the appellant&#x27;s claim in its entirety. This dispute was in due course referred to arbitration by the District Officer, Nithi, assisted by 4 elders, 2 for each party. This reference was made under the provisions of the Magistrates&#x27; Jurisdiction (Amendment) Act, 1981 (now repealed). The panel heard evidence and filed an award which was signed by two only out of the four elders, and by the District Officer. As it turned out, the other two elders who did not sign, or who refused to sign the record were those appointed by the appellant.</p><p class="ql-align-justify">The appellant made an application to set aside the award alleging misconduct o…</p>