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Mbuu Munyuu & another v Mwangangi Ngolania [2004] KEHC 351 (KLR)

[2004] KEHC 351 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
351
Citation
[2004] KEHC 351 (KLR)
Decided
13 April 2004
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent's application to set aside an arbitrator's awardCoramR. V. WENDOH
Holding

The court orders the application struck out with the applicant bearing its own costs.

Facts

The respondent, Mwangangi Ngolania, sought to set aside an arbitrator's award made on October 30, 1996, on the grounds of misconduct by the arbitrators. The application was brought on February 5, 1999, and was not properly served on the arbitrator.

Issues

  1. Proper service of the application on the arbitrator
  2. Invalidity of the application due to improper service

Reasoning

The court found that the application was improperly before the court as it was not properly served on the arbitrator, and the decision challenged was made by the arbitrator.

Outcome

Application struck out

Orders

  • Application struck out
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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