RULING OF THE COURT
This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (“the Rules”) for stay of execution pending the hearing and determination of an intended appeal. The background to this application is as follows: By a Plaint dated 22nd January, 2003 and amended 4th September, 2003, the respondent (plaintiff in the superior court) sought a declaration that the applicants had trespassed onto a portion of his land, and prayed that they be evicted. The applicants denied the allegation in a defence filed on 28th February, 2003 and amended 16th September, 2003. On 24th May, 2007 the parties entered into a consent to refer the boundary dispute to the Kericho District Surveyor on the following terms: “By consent of the parties herein it is mutually agreed that the Kericho District Surveyor do determine and fix the boundaries of parcel LR. Nos. KERICHO/631/1254 and 631/1255, which parcels of land are within the Kericho Municipality and submit his report to this court …