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…This judgment shows that the defendant had lost the previous suits over land to Tiras Mutunga both before the African Court at Muthambi in Civil Case No 198/62 and before the Meru Land Consolidation Arbitration Board in 1959…

…The matter was at first by consent referred by the court to arbitration but the award was later set aside and the originating summons proceeded to trial.…

…After the plaintis had commenced an action in rem in the Admiralty Court, the parties made an ad hoc agreement to arbitrate and the plaintis actively pursued their claim in the arbitration.…

…The application made no mention of the ad hoc agreement to arbitrate or of the fact that the plaintis were actively pursing their claim in the arbitration.…

…of the High Court (Masime J) in Nairobi, set aside the judgment of the Murang’a resident magistrate, order the suit to go forward for trial in an appropriate subordinate court or refer the issues to the clan elders for arbitration…