Teresia Wanyonyi Khisia (through Florence Auma Wekesa holder of power of Attorney) v Republic & 5 others [2018] KEHC 2101 (KLR)
- Court
- High Court of Kenya
- Case number
- 2101
- Citation
- [2018] KEHC 2101 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a consent order to set aside an awardCoramBOAZ N. OLAO
Holding
The 4th defendant's Notice of Motion to set aside the award is dismissed with costs to the plaintiff. The award dated 2nd February 2018 is upheld.
Facts
The plaintiff and 4th defendant had a dispute over land parcel No. KIMILILI/SIKHENDU/1350. The dispute was referred to a panel chaired by the Deputy County Commissioner Kimilili Sub-County to determine ownership. The panel filed an award but it was not adopted as a court order. The 4th defendant sought to set aside the award.
Issues
- Bias in the award
- Jurisdiction of the panel
Reasoning
The award was not biased and the panel conducted the proceedings fairly. The 4th defendant did not raise the issue of the suit being determined before the panel.
Outcome
Appeal dismissed
Orders
- Award dated 2nd February 2018 is upheld
Remedies
- Costs to the plaintiff
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.
Loading judgment…