Muriithi Kaburu v Kaburu Muriithi & Watatua Kaburu [1987] KECA 85 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NYERI

(CORAM: NYARANGI, PLATT & GACHUHI, JJ.A)

CIVIL APPEAL NO. 77 OF 1986

BETWEEN

MURIITHI KABURU ............................................APPELLANT

AND

KABURU MURIITHI .................................1ST RESPONDENT

WATATUA KABURU ..................................2ND RESPONDENT

(Appeal from the ruling of the High Court of Kenya at Nyeri (Mr. Justice Patel) dated 31st January, 1984

in H.C.C.C No. 130 of 1982) *****************

JUDGMENT OF THE COURT

The arbitration proceedings were conducted by an Acting Chief instead of the District Officer as per the Order of the Court. The proceedings are therefore a nullity and there is no valid award. Judgment was premature there having been the above objection raised against it as to the validity of the award.

The appeal is allowed with costs and the ruling of the High Court dated 31. 1.84 is set aside.

Dated and delivered at Nyeri this 22nd day of May, 1987.

J. O. NYARANGI

...............

JUDGE OF APPEAL

PLATT

...............

JUDGE OF APPEAL

J. M. GACHUHI

...............

JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR