JUDGMENT OF THE COURT
He subject matter of this appeal is a parcel of land No.Tetu/Unjiru/172 which has since been subdivided into 2 titles namely No. Tetu/Unjiru/891 and No. Tetu/Unjiru/892. This is the second time round the dispute over the suit land has reached this Court.
The dispute was referred to arbitration under Order 45 of the Civil Procedure Rules by the Senior Magistrate’s Court at Nyeri and an award was duly filed and read. The present respondent was the plaintiff in those proceedings and the defendant was one Ndegwa Wachira (now deceased) and since substituted by Fredrick Wachira Ndegwa now the appellant. Ndegwa Wachira was aggrieved by the award and applied to set it aside alleging misconduct on the part of the arbitrator. By his ruling dated 22nd September, 1993, the Senior Resident Magistrate dismissed the application to set aside the award and gave Ndegwa Wachira leave to appeal to the superior court. That appeal was duly filed on 7th January, 1994 being Civil Appeal N…