DANIEL KIPLAGAT TIONY AND MUSA SIMATU KIPKERIR AND 1 Others VS EZEKIEL ROTICH BARNGETUNY

1. This ruling is in respect of an application by way of a Notice of Motion dated 28^th October 2024 originated pursuant to, inter alia, Order 40 Rules 1 and 2 of the Civil Procedure Rules 2010 by the three applicants through Mutta Advocates LLP for orders;  (a) This Honourable Court be pleased to issue temporary orders restraining the Respondent, his servants, agents, relatives and/or assigns from anyway sub-diving, partitioning and surveying land parcel No. NANDI/KAMOIYWO/246 (the suit land herein) pending hearing and determination of the main suit herein.  (b) The status quo prior to filing this matter be maintained pending hearing and determination of the main suit herein  (c)  Costs of this application be provided for.
2. The application is premised upon grounds (a) to (f) set out its face and the supporting affidavit of thirteen paragraphs sworn by the 3^rd Applicant, Isaac Kiptum Karonei and the copies of certificate of official search annexed to the affidavit. Briefly, the Applicants allege that that they are in actual possession of 3.5 acres of the suit land registered in the name of the Respondent who is in planning to conducting survey so as to sub divide and partition it with a view to evicting the applicants therefrom hence, they are likely to suffer harm thereby.
3. The respondent was duly served as disclosed in, among others, affidavit of service sworn on 4^th December 2024 by an authorised process server, Robinson O. Getenga and the proceedings of 9^th December 2024. Besides, there is no response to the application.
4. In that regard, is the application merited?
5. The applicants have sought interim preservation orders herein.
6. This court is guided by Order 40 (supra) and not unaware of temporary injunctive requirements.
7. It is well settled that status quo order is meant to preserve the suit property pending the outcome of the matter; see Ogada-vs-Mollin (2009) KLR 620.
8. Further, this court has the mandate to grant interim preservation orders including the orders sought in the application as provided for under section 13 (7) (a) of the Environment and Land Court 2015 (2011).
9. In the end, I find the application steadfast and meritorious. The same is hereby allowed in terms of 3^rd and 4^th prayers sought therein and as set out in paragraph 1 (a) and (b) hereinabove but costs be in the cause.
10. It is so ordered.

Dated and Delivered at Kapsabet this 22^nd Day of January, 2025.

GEORGE M A ONGONDO

JUDGE

PRESENT;

Tallam D Learned Counsel for the Applicants

Walter, Court Assistant