Cap. 308 Art. 4Arbitration Tribunal. Tribunal.

(1) There is hereby established a tribunal to be known as the Partition of Inheritances Tribunal.

(2) The Tribunal shall take cognizance of and decide on any

*See article 1(2) of the Act as originally enacted, which subarticle has been omitted under the Statute Law Revision Act, 1980, and Legal Notice 34 of 1984. who shall be appointed and shall serve in accordance with the provisions of this Act. Except where all the co-owners agree that it shall consist of three arbitrators, the Tribunal shall consist of one arbitrator.

(2) An arbitrator shall be one of a panel of persons appointed by the President of the Republic acting in accordance with the advice of the Prime Minister from amongst persons who in the Prime Minister’s opinion are qualified to carry out the duties and functions of arbitrators for the purposes of this Act.

(3) A person shall be disqualified from being appointed or serving as arbitrator so long as he is a member of the House of Representatives.

(4) The arbitrators shall sit in the Tribunal, either in turn or in accordance with such distribution of duties and subject to such provisions as to inability to serve and other circumstances, as the Minister may establish or as may be prescribed.

(5) Before taking cognizance of any application brought before the Tribunal, the arbitrator, if he does not hold judicial office, shall take an oath to examine and decide the application faithfully, impartially and in accordance with this Act; and such oath shall be taken before the Court of Appeal.

(6) The Minister shall designate a public officer to be Secretary of the Tribunal, and may also detail other public officers to assist the Secretary in the performance of his duties. The Secretary of the Tribunal shall have mutatis mutandis such powers and duties as are by the Code of Organization and Civil Procedure vested in the Registrar of Courts.

(7) The registry of the superior courts shall be the registry of the Tribunal, and all records of proceedings of the Tribunal shall be retained in such registry under the custody of the Registrar.