Case Metadata |
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| Case Number: | civ case 109 of 85 |
|---|---|
| Parties: | PETER GITHINJI MUCHIRI,WAIGIRI MUCHIRI,vs 1. MUCHIRI WAIRAGU,2. WAIRAGU MUCHIRI |
| Date Delivered: | 23 Dec 2003 |
| Case Class: | Civil |
| Court: | High Court at Nyeri |
| Case Action: | |
| Judge(s): | Hannah Magondi Okwengu |
| Citation: | PETER GITHINJI MUCHIRI,WAIGIRI MUCHIRI,vs 1. MUCHIRI WAIRAGU,2. WAIRAGU MUCHIRI[2003] eKLR |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CIVIL CASE NO.109 OF 1985
Muchiri Wairagu , the Defendant/Applicant has moved this court under order XLV rule 1 of the Civil Procedure Rules seeking to have this suit referred to the District Lands Disputes Tribunal at Nyeri for arbitration.
The Plaintiff/Respondent is opposed to the application. I am satisfied and do find that this application is misconceived Order XLV rule 1 applies only where both parties consent to the suit being referred to arbitration which is not the case herein.
Secondly the jurisdiction of the Land Disputes Tribunals is clearly spelt out under Act Number 18/90 Section 3 (1).
That jurisdiction does not include determining issues of law such as this case which is based on trust.
For the above reasons I find the application misconceived and lacking merit. It is accordingly dismissed with costs.
Dated, Signed and Delivered this 23 rd day of December 2003.
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