IN THE COURT OF APPEAL
AT NAKURU
CRIMINAL APPEAL NO. 71 OF 2003
MRS CHARITY KEMAMA ...................................... PLAINTIFF
VERSUS
EAST AFRICAN BUILDING SOCIETY .................... DEFENDANT
RULING
This is an application for review of this court’s order of 23rd May, 2002 which was by consent. In the alternative the Plaintiff seeks leave to revoke the appointment of OWEN NJENGA KOIMBURI as her arbitrator and replace him with HEZEKIAH W GICHOHI. Prayer 3 of the Plaintiffs application is for the said HEZEKIAH W GICHOHI to scrutinize the mortgage account of the Plaintiff with the defendant and ascertain the balance outstanding and/or overpayment made taking into account the terms of contract as set out in the letter of offer and charge document within one month from the date of issue of an order to that effect. Prayer 4 is for the said Hezekiah W Gichohi and Harrilal Nathwani to prepare and provide detailed reports setting out their workings, findings and opinion for oral examination an…