MOSES WAMUGO THINWA V JOHN NDEREBA THINWA & ANOTHER [2005] KEHC 176 (KLR)
- Court
- High Court of Kenya
- Case number
- 176
- Citation
- [2005] KEHC 176 (KLR)
- Decided
- 22 March 2005
The arbitration award is declared a nullity due to the failure to file it within the given period and the arbitrators' misconduct by acting outside their terms of reference.
Facts
The applicant Moses Wamugo Thinwa sought to have an arbitration award set aside due to alleged misconduct by the arbitrators, including failure to file the award within the required time and acting outside their terms of reference. The award related to inheritance of land Aguthi/Mungaria/402, which had been subdivided into two portions.
Issues
- Whether the arbitration award was filed within the required time
- Whether the arbitrators acted outside their terms of reference
- Whether the applicant was given a chance to be heard
Reasoning
The court found the award was filed outside the 150-day period and that the arbitrators acted beyond their mandate, particularly concerning the issue of inheritance of land Aguthi/Mungaria/402.
Outcome
The court declared the arbitration award null and set the matter for hearing under Order XLV rule 15(2) of the Civil Procedure Rules.
Orders
- Set aside the arbitration award
Remedies
- Proceed with the hearing of the suit
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Bagwasi Nyangau v/s Omosa Nyakwara (1982 – 88) 1 KAR 805
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