JUDGMENT OF THE COURT
Proceedings leading to this appeal were started in the lower court under Succession Cause No. 381 of 1986 in which issues in controversy were referred to a panel of elders for arbitration with the consent of both parties. An award was subsequently filed in the lower court way back in the year 2000 and read to the parties on 15th January 2001. The appellant unsuccessfully applied to set that award aside. It is the refusal to set aside the elders award which aggrieved the appellant and prompted him to file Nyeri HCCCA No. 106 of 2002 in which the order subject of this appeal arose from. We note from the record that the said appeal was admitted to hearing on 3rd October 2002 and directions given on 7th March 2003 for it to be heard for one day. It was indeed heard by Okwengu, J (as she then was) on 3rd May 2004 and it was in the course of writing a judgment to dispose off the entire appeal when the learned Judge discovered that the appeal was infact premature as the …