<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>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&#x27;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/=.</p><p>The respondent filed a defence on 15th June, 1989 in which he denied the appellant&#x27;s claim and in particular he denied having agreed to sell the parcel of land to, or receiving any money from, the appellant.</p><p>On 4th September, 1989 an order was made by the Judge referring the dispute to arbitration in the following terms:</p><p>&quot;Status quo to be observed. Land may not be transferred until final disposal. The dispute between the parties is referred to</p><p>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.&quot;</p><p>An awa…</p>