R U L I N G
This application before me has given me some anxious moments. The litigation leading upto this application has had a long and chequered history beginning way back in the early eighties. In fact the litigation is in respect of about 12 acres of land. The exercise of consolidation in regard thereto started in the late sixties. Mukira M'Ethare, the first respondent claimed in the superior court that he was "the proprietor as successor under Customary Law" of 11.96 acres of land comprised in fragments numbered 2,3,7,9,13 and 14 of Kiyharena Adjudication Section (the suit land). In 1983 Mrs. Kagwiria M'Thirua lodged a claim against the first respondent claiming some portion of the suit land. The Adjudication Committee awarded to her some 7.96 acres out of the suit land. The first respondent was unhappy with that award and appealed against it to the Arbitration Board established under the Land Adjudication Act, Cap. 284, Laws of Kenya. The Board overruled the Adjudication Committ…