This is the Summary Ruling on the Petitioner/Applicant's Notice of Motion Application dated 23/05/2025 which seeks to stay the adverse orders contained in this Court's judgment dated and delivered on 22/05/2025; and to consequently injunct the Respondents from undertaking adverse actions against the Petitioner/Applicant in relation to the matters that were the subject of the Petition herein.
Having considered the matter, I am satisfied that the Petitioner/Applicant has established a basis for the grant of the orders sought. My position is fortified by the fact that had the Petitioner sought the same immediately after the delivery of the Judgment during the judgment date of 22/05/2025, this Court would have granted the same on the grounds now adduced.
Consequently, this Court issues the following orders:
ORDERS
a) To facilitate the Petitioner/Applicant's stated intended appeal, a temporary conservatory order of injunction for a period of 60 days from the date hereof be and is hereby issued restraining the Respondents, jointly and severally, and whether directly or through their employees, servants, and/or agents from detaining, arresting, charging, prosecuting, or continuing the prosecution of the Petitioner/Applicant, Benson Limo, in relation to any matter touching on the parcels of land being L.R. No. 5335/23, L.R. No. 4140/4, and/or L.R. No 13873 - Nairobi or any of the issues that were the subject of the Petition herein and the Judgment dated and delivered on 22/05/2025 in this matter; and
b) The temporary conservatory orders of injunction shall lapse at the end of day of the 60th day from the date hereof.
4. Penal consequences for breach of the Orders contained in (3) do apply, and any person who breaches the same shall be at peril of adverse action by the Court including penal consequences.
5. Consequently, the Petitioner/Applicant's Notice of Motion Application is summarily determined as above, with no costs on the same.
5. Mention on 08/10/2025 to confirm case status.
Having considered the matter, I am satisfied that the Petitioner/Applicant has established a basis for the grant of the orders sought. My position is fortified by the fact that had the Petitioner sought the same immediately after the delivery of the Judgment during the judgment date of 22/05/2025, this Court would have granted the same on the grounds now adduced.
Consequently, this Court issues the following orders:
ORDERS
a) To facilitate the Petitioner/Applicant's stated intended appeal, a temporary conservatory order of injunction for a period of 60 days from the date hereof be and is hereby issued restraining the Respondents, jointly and severally, and whether directly or through their employees, servants, and/or agents from detaining, arresting, charging, prosecuting, or continuing the prosecution of the Petitioner/Applicant, Benson Limo, in relation to any matter touching on the parcels of land being L.R. No. 5335/23, L.R. No. 4140/4, and/or L.R. No 13873 - Nairobi or any of the issues that were the subject of the Petition herein and the Judgment dated and delivered on 22/05/2025 in this matter; and
b) The temporary conservatory orders of injunction shall lapse at the end of day of the 60th day from the date hereof.
4. Penal consequences for breach of the Orders contained in (3) do apply, and any person who breaches the same shall be at peril of adverse action by the Court including penal consequences.
5. Consequently, the Petitioner/Applicant's Notice of Motion Application is summarily determined as above, with no costs on the same.
5. Mention on 08/10/2025 to confirm case status.