IN THE COURT OF APPEAL
AT NYERI (Coram: Kneller, Nyarangi, J J A and Gachuhi, Ag J A ) CIVIL APPEAL 35 OF 1986 BETWEEN
JOTHAM GICHUKI RUHARA ................................................... APPELLANT
AND
1. WANGUI KABUGA
2. WAMUYU IREGI ............................................................ RESPONDENTS
(Appeal from the judgment and order of the High Court of Kenya at
Nyeri (J S Patel, J) dated January 16, 1986
In
Civil Case 70 of 1980)
___________________
JUDGMENT OF GACHUHI JA
This appeal rises from the refusal by the High Court (J S Patel J) to set aside an arbitration award, made under the order of the court on June 14, 1983.
The facts of the case are that the appellant is grandson of Gichuki Ruhara deceased. The deceased who died in 1956 had no male child but was survived by three daughters who were already married. All daughters have children by their respective husbands. They have land where they are married and live there. The appellant is the son of the first daughter, while the r…