RULING OF THE COURT
This is an application for stay of execution of the appellate decree dated 7th May, 1997 passed by Etyang J. in Civil Appeal No.50 of 1996.
The applicant is the brother of the respondent. By a family arrangement, it was allegedly agreed that land parcel Ngandori/Kirigi/3059 measuring 6 acres or thereabouts shall be transferred by the respondent and her mother in favour of the applicant and in return the applicant shall transfer Ngandori/Kirigi/2174 measuring 4.5 acres or thereabouts in favour of the respondent. The respondent's case in the subordinate court was that although she and her mother had already transferred parcel 3059 in favour of the applicant and although the land control board had given its consent to the transfer, in exchange, of parcel 2174, the applicant had refused or failed to transfer the said parcel No.2174 in favour of the respondent.
The dispute in the subordinate court was referred to a panel of elders who made the award in favour of the respon…