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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.…

…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.…