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…This was an error of law on the face of the record and amounted to misconduct by the arbitrators.…

…In reply to the appellants’ submissions Mr Dhankal for the respondent reiterated the legal position that in a second appeal it is incumbent on the appellant to show that an error of law has been committed by the lower court…

…So, to this court it does not appear right for the appellant to seek orders that the ruling of 17.7.95 be reviewed for an apparent error of law on the face of the record.…

…Indeed, that was an error of law on the face of the record in the application to set aside his judgment dated 20th May, 1998.…

…Also that it was an error of law for the judge to agree with the magistrate’s decision not to decree specific performance having found that there was part performance.…

…I therefore hold that the learned judge did not fall into any error of law when he took the appellant’s conduct into consideration in quantifying the damages and I am in disagreement with Mr Hayanga on that score.…