1. Before the court for consideration is an application dated 11th April 2024, seeking an order of temporary injunction to restrain the defendants/respondents by themselves, their servants, agents, workmen and or any other person whomsoever and whatsoever from advertising, offering for sale, disposing of, transferring or in whatever way interfering with the plaintiff’s proprietors interests in 380 acres curved from land parcel No. Baringo/Marigat/271 and or selling alienating land reference No. Baringo/Marigat /437 pending the hearing and determination of the application and the suit.
2. The application is premised on the grounds on the face of the application and is supported by the affidavit of David Kiptarus Kosgei sworn on 19th April, 2024. He deposes that Baringo/Marigat/271 (herein after referred to the suit property) is registered in the name of Marigat Group Ranch; that the applicants are beneficial owners of 380 acres curved out of the suit property being members of Marigat Group Ranch; that the 1st, 3rd, 4th, 5th, 6th, 7th and 8th respondents have caused registration of Land parcel Baringo/Marigat/437 (part of the 380 acres) in the name of the 2nd respondent fraudulently and deliberately meant to deprive the plaintiffs/applicants of the suit property; that the 1st and 2nd respondents have now trespassed into the suit property and have embarked on construction of temporary shelters which action has interfered with subdivision of the suit property to group ranch members and have been sending goons and police from Marigat Police station who have interfered with their use of the suit property. They urge the court to allow the application as the same is merited.
3. The application is opposed vide a replying affidavit sworn by Alvine Kochil Singoroch (the 2nd defendant herein), on 22nd May 2024. He deposes that the suit property is ancestral land which was passed down by his great grandfather to his grandfather, father and to himself; that he is the registered owner of parcel No. Baringo/Marigat/437 and he has lived there at property all his life, brought up his family there and extensively developed the suit property.
4. When the application came for interparties hearing on 23rd May 2024, Counsels for the plaintiffs and 1st & 2nd defendants informed the court that they had agreed that an order of status quo be granted, pending the hearing and determination of the suit. The court declined to grant an order of status quo as there was no evidence that the 3rd – 6th defendants had been served with the application. The court directed that service be effected upon them. On 10th June 2024, all parties were represented apart from the 7th & 8th respondents. The respective counsels agreed that an order of status quo be granted pending hearing and determination of the suit.
5. The application dated 11th April 2024 having being compromised, the following orders are hereby issued;
1. By Consent an order of status quo is granted in the following terms;
The plaintiffs and 1st – 6th respondents by themselves, their servants, agents and or workmen are restrained from advertising, offering for sale, selling alienating transferring land parcel, No. Baringo/Marigat/2711 and Baringo/ Marigat/437 pending the hearing and determination of the suit.
2. The respondents are granted leave of 14 days to file and serve their defence and fully comply with Order 11 of the Civil Procedure Rules.
3. The plaintiff is granted 7 days to file a reply to defence and also comply with Order 11.
4. The respective counsels in this suit to decide whether the matter should be referred to Court Annexed Mediation or proceed for hearing.
5. Directions on 16th July ,2024.
Dated, signed and delivered at Iten this 10th day of June, 2024.
Ruling delivered virtually in the presence of:-
Mr. Kagunza for the plaintiff/applicant
Mr. M. K. Chebii for the 3rd, 4th, 5th, 6th respondents
N/A for the 7th – 8th respondents
Mr. Kiptoo for 1st defendant
Court Assistant: Sitienei