[1989] KEHC 38 (KLR)
The court found that the applicant failed to establish any misconduct or other valid ground required to set aside the arbitral award. The judge specifically noted that, although the award improperly referenced four other persons, this did not affect the validity of the award as it pertained to the parties before the...
Source-derived case information.
- Citation
- [1989] KEHC 38 (KLR)
- Parties
- Applicant: Okiagera; Respondent: Manyange; Respondent: Another
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 5 of 1989
- Procedural Posture
- Civil Case / Ruling on Application to Set Aside Arbitral Award
- Outcome
- application dismissed; judgment entered for respondents
- Legal Topics
- Setting Aside Award, Arbitral Misconduct, Land Parcel Demarcation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okiagera
Applicant
Manyange
Respondent
Another
Respondent
Procedural Posture
Civil Case / Ruling on Application to Set Aside Arbitral Award
Legal Issues
- 1 Whether the arbitral award should be set aside for misconduct or other valid grounds.
- 2 Whether the reference to four other persons in the award affects its validity.
Ratio Decidendi
The court found that the applicant failed to establish any misconduct or other valid ground required to set aside the arbitral award. The judge specifically noted that, although the award improperly referenced four other persons, this did not affect the validity of the award as it pertained to the parties before the court. The court therefore declined to set aside the award and ordered that judgment be entered in favour of the respondents, with the land registrar and surveyor to demarcate and register the respective portions as claimed by each respondent.
Court Disposition
application dismissed; judgment entered for respondents
Orders
- Judgment entered in favour of the two respondents.
- Each respondent to have the area he claims on the land parcel marked and surveyed at the respondents' expense.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL CASE NO 5 OF 1989
OKIAGERA...............................................................APPLICANT
VERSUS
MANYANGE & ANOTHER....................................RESPONDENT
RULING
November 23, 1989, V V Patel Judge delivered the following ruling: This is an application for setting aside the award supported by the applicant’s affidavit and his submissions. It is opposed. I have considered the application. I am not satisfied that any misconduct as required or any other ground for setting aside the award has been established. The application must fail.
I am aware that the award does make a reference to four other persons. This was wrong and I rule that that part of the award be ignored.
There be judgment in favour of the two respondents. Each respondent has marked the area he claims on the land parcel. The Land registrar and the surveyor to survey it at the respondents’ expense and register the said each portion in their respective names. The Executive Officer of this court to execute the required documents for this purpose should the applicant refuse to do so.
No order for costs of the suit or the application.
Dated and Delivered at Kisii this 23rd day of November , 1989
V. V PATEL
JUDGE