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…Before the mention date, application to set aside the arbitration award was filed on April 2, 1984.…

…The appellants elected to pursue the motion filed by them stressing the irregularities of the arbitration and requested the arbitration to be conducted by another District Officer.Mr Chadialy for the respondent argued that…

…On 19th January, 1983, in the presence of all the parties and their advocates, the trial judge made an order by which the dispute was referred to District Officer, Nyeri for arbitration with the help of four elders, two each…

…Secondly, there were two witnesses who told the arbitration panel that Gathigia’s mother said that her land should be divided between her three daughters as if they were her three sons and she had no sons.…

…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…

…The grounds of appeal relevant to the case are rst that there was not a valid consent of the divisional Land Control Board and secondly that the arbitration by the panel of elders was not properly conducted.…

…It was not a matter which could be allowed to go to arbitration since the arbitrators cannot declare the contract valid which a statute of Parliament has declared to be null and void. 11.…

…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.…