NYAMIRU MATHAI V. MWANGI HINGA & RAPHAEL MAINGI

JUDGMENT OF THE COURT

This is an appeal against an order of the Superior Court (Ang’awa, J) given at Nyeri on 30^th June, 1994, in which she declined to set aside and arbitration award which had been filed in her court on 11^th March, 1993. The application to set aside the award was brought by Nyamiru Mathai (the appellant) and named Mwangi Hinga (the respondent) as the respondent.

Litigation between the parties started on 26^th August, 1974, when one Mathai Hinga, since deceased, filed a plaint in the High Court at Nyeri, naming the respondent as defendant. In paragraph 4 of that plaint Mathai Hinga, whom we shall hereinafter refer to as the deceased averred that a parcel of land known as Othaya/Ihuririo/71 was during the process of land adjudication and consolidation in Ihuririo sub-location of Othaya Location, registered in the name of the respondent to hold the same in trust for him. In subsequent paragraphs of the plaint the deceased averred, inter alia, that the respondent in breach …