1. The Application dated 17.02.2025 is merited as the applicant has by virtue of exhibiting a copy of title, a search and a copy of green card shown to the court that he has a primafacie with probability of success and having exhibited mining activities done by Respondent without his permission the Applicant has proven irreparable loss, and the balance of convenience tilts in favour of a Registered Owner to have his property not wasted.
2. Accordingly, the Application dated 17.02.2025, though not opposed is merited and allowed in terms of prayers 3, to wit, a temporary injunction herein issues restraining the Defendant/Respondent whether by himself, his agents and/or servants, from trespassing, transferring or otherwise interfering or dealing with property Title Number Transmara/Moyoi/1158 pending hearing and determination of the suit.
Dated at Kilgoris this 2nd day of April, 2025.
In the presence of
CA – Emmanuel
Mr. Onyango for Plaintiff/Applicant
N/A for the Defendant/Respondent
2. Accordingly, the Application dated 17.02.2025, though not opposed is merited and allowed in terms of prayers 3, to wit, a temporary injunction herein issues restraining the Defendant/Respondent whether by himself, his agents and/or servants, from trespassing, transferring or otherwise interfering or dealing with property Title Number Transmara/Moyoi/1158 pending hearing and determination of the suit.
Dated at Kilgoris this 2nd day of April, 2025.
In the presence of
CA – Emmanuel
Mr. Onyango for Plaintiff/Applicant
N/A for the Defendant/Respondent