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RIMBI V. RIMBI & ANOTHER

(1985) JELR 95232 (CA)

Court of Appeal  •  Civil Appeal 4 of 1985  •  24 May 1985  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

JUDGMENT

May 24, 1985, the following Judgments were delivered.

Gachuhi Ag JA: The appellant has appealed to this court against the consent order made on 15th November, 1984 by the trial Judge of the High Court at Nyeri, thus:

“By consent the respondent/defendant to give all necessary documents to facilitate the transfer of land title No. INOI/THAITA/173 in default, Executive Officer of this court to sign all such documents. No order as to costs of this application”.

Though the appeal is expressed to be against the judge’s decision of the 15th November 1984 it is clear from the memorandum of appeal and appellant’s submissions in support of it that he is in fact attacking the judgment entered against him on 11th October, 1984 in terms of the arbitration award dated the 11th April 1984. He also attacked the proceedings before the panel saying that he was shouted down and that whatever he and his witnesses said wis not recorded.

Briefly, the background of this dispute is that their parents die…

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