Judgment
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Division and case type: CivilCivil Suit
…Mr Ole Kaparo underlined the fact that the matters disclosed in the affidavit and the document setting out the errors did not amount to corruption or misconduct.…
…Order XLV rule 15 of the Civil Procedure Rules provides that the court may set aside an award on the following grounds only: (a) corruption or misconduct of the arbitrator or umpire (b) that either party has fraudulently…
Division and case type: CivilCivil Appeal
…Setting aside an award under order XLV rule 15 (cap 21) is where there is misconduct and corruption.…
…To conduct arbitration without all the parties present, and while some had no notice of the hearing is also a misconduct of the arbitrator under the same order and rule.…
Division and case type: CivilCivil Appeal
…First, misconduct must be proved of a grave and weighty nature. It must be more than mere trivialities.…
…Thirdly, it must be proved that it is the misconduct of the respondent which caused the injury to the health of the complainant.…
Division and case type: CivilCivil Appeal
…This section, does not state when knowledge of any such error may come to hand, and indeed even if proved section 17 allows the employee to dispute whether the facts give rise to gross misconduct, which is the generic description…