SAMUEL KIMANI MUTU vs WAMBUI GATHINA,MUMBI GATHINA [2002] KEHC 990 (KLR)
- Court
- High Court of Kenya
- Case number
- 990
- Citation
- [2002] KEHC 990 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication to set aside awardCoramK. H. RAWAL
Holding
The award made by District Officer is ultra vires the court's order and is set aside.
Facts
The applicant seeks to modify, correct or set aside the award made by District Officer on 18th April, 2002, which was read in court on 29th April, 2002. The District Officer instead of making a report as ordered by the court, took upon himself to arbitrate the matter and made an award.
Issues
- District Officer's action of arbitrating the matter is ultra vires the court's order
- Award made by District Officer is invalid
Reasoning
The court cannot go into the merits of the case but agrees with the applicant's counsel that the award is ultra vires the court's order.
Outcome
Award set aside
Orders
- Set aside the award made by District Officer on 18th April, 2002
Remedies
- Costs of the application shall be in the cause
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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