JUDGEMENT
The respondent who was the plaintiff in the High Court claimed a plot of land from the respondent/ defendant.
After close of the pleadings the parties entered into a consent in which their dispute was referred to arbitration under the chairmanship of the District Officer Vihiga Division assisted by two elders nominated by himself.
Upon conclusion of the arbitration the panel filed its award in court and notified the parties. In due course the defendants filed an application to set aside the award on various grounds including the complaint that the panel was not constituted in accordance with the Court order, that the elders nominated by the defendants were not allowed by the Chairman to sit in the arbitration and that the award was not signed by the elders. After hearing the application the trial judge found these complaints well founded but nevertheless ruled that no failure of justice was occasioned by them.
Held:
1. Signatures of the members of the panel gives the award the au…