JUDGMENT OF THE COURT
On 19th May, 1989, lazaro Mutahi (the appellant) filed a suit against Ndururi s/o Kigotho (the respondent) in the High Court at Nyeri seeking among other reliefs an order transferring to him the respondent's parcel of land Ruguru/Karuthi/798, which he claimed the respondent had agreed to sell to him way back in 1967 or 1968 and for which he had paid the respondent Shs.2,700/=.
The respondent filed a defence on 15th June, 1989 in which he denied the appellant's claim and in particular he denied having agreed to sell the parcel of land to, or receiving any money from, the appellant.
On 4th September, 1989 an order was made by the Judge referring the dispute to arbitration in the following terms:
"Status quo to be observed. Land may not be transferred until final disposal. The dispute between the parties is referred to
the arbitration of D.O. Mathira and 4 elders, two each to be appointed by parties. Award to be filed within 90 days. Mention on 7th December, 1989."
An awa…