JUDGMENT
By this appeal, the appellant Kiran Chandubhai Patel, who was the 2nd defendant in Miscellaneous civil case no. 238 of 2003, challenges the ruling and order of R. Ngetich, J. by which the court found it proper for the respondent to execute against him and disallowed his application dated 5th December, 2017. That application sought for orders;
“2.THAT the Notice to show cause dated 17th October 2017 and action for execution of Arbitrator’s award dated 19th July 2002 against the 2nd Defendant be stayed, set aside or dismissed;
3. THAT the 2nd Defendant/Judgment-debtor be awarded costs of the Notice to show cause and of this application;
Pursuant to a lease agreement dated 1st October, 1999, the parties herein agreed to resolve disputes arising under the agreement through arbitration. A dispute concerning rent arrears was referred to arbitration and on 19th July, 2002, the arbitrator, Hon. Mr. Justice E. Torgbor (rtd), issued an award in favour of the respondent. What followed were …