AGRIFAS TALLAM VS JOAN JEPKOSGEI ROTICH AND BETTY JEPKORIR AND 1 Others

RULING

1. The Application dated 18^th March, 2025 is seeking for various prayers.
2. The first prayer is to grant leave to the firm of Kimaru Kimutai & Company Advocates to come on record in place of Kiboi & Co. Advocates.
3. On this prayer the Court allows the same and leave is hereby granted to the firm of Kimaru Kimutai & Co. Advocates to come on record in place of Kiboi & Co. Advocates.
4. Second prayer is seeking for a stay of the judgment pronounced on the 4^th February, 2025 with a view of preserving the suit property pending hearing in the Court of Appeal.
5. The Court has indeed perused the Judgment pronounced on 4^th February, 2025 and notes that it was a dismissal order against the Appellant’s Appeal.
6. In other words, the Judgment was negative in nature and it cannot be stayed.
7. On the third prayer of an injunction prohibiting the Respondent from using the suit property, this Court is of the view that there is no basic upon which the order can be granted.
8. The Respondent has a lawful Judgment from the Trial Court and the attempt by the Appellant to set aside the same has not been successful.
9. Consequently, the only prayer allowed in this application is prayer No.3 while prayers 4 and 5 are disallowed.
10. Each party will bear its own costs on this application.

DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 7^th April, 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Obari for Appellant/Applicant

Defendant: Ms. Monda holding brief Kurgat for 1^st Respondent

Mr. Kutai for the 2^nd Respondent