JUDGMENT OF PLATT, AG JA
While the settlement of land disputes by arbitration is well-known, what is less well known is that by entering into arbitration, the parties have chosen arbitrators to decide their dispute rather than the court, with the consequence that except in limited circumstances there is no appeal. That will be seen very clearly from the terms of order 45 rule 17 of the Civil Procedure Rules. If the process of setting aside the arbitrator’s award is either not available or not resorted to, then the only help the court can give the parties it to make sure that the judgment given by the court is in exact accord with the terms of the award. This is based on the free consent and choice of the parties to prefer their dispute to be settled by arbitration.
In this case, the parties referred their dispute to arbitration. The award was filed. No application to set aside the award was made, although ample time was allowed. Finally judgment was entered in terms of the award. The re…