The Notice of Motion application dated 11th June, 2025 seeks for an order of temporary injunction restraining the Defendant, his agents, servants and/or representatives from transferring, charging or in any other way dealing with the property known as E/BUNYORE/EBULONGA/1342 pending the hearing and determination of the suit.
The application is supported by the contents of the Supporting Affidavit sworn by the Applicant on 11th June, 2025.
The application was unopposed.
Affidavit of Service sworn by one Fred Sitati on 17th June, 2025 filed herein shows that the Respondent was served on 16th June, 2025.
I have considered the application. The suit land is registered in the name of the Defendant and until proved that the registration is in trust for the Applicant or other parties as claimed, the Defendant is entitled to enjoy the rights of a registered owner. However, so as to preserve the suit land pending the hearing of the main suit, the application is allowed as follows;
- A temporary order of injunction is hereby issued restraining the Defendant from selling, transferring or charging the suit property pending the hearing of the suit.
- Costs of the application to abide the outcome of the suit.
Orders accordingly.
Ruling, dated and signed at Vihiga and read virtually this 19th day of June, 2025 through Microsoft Teams online application.
E. ASATI,
JUDGE.
In the presence of:
Ajevi - Court Assistant.
No appearance for the Plaintiff/Applicant
No appearance for the Defendant/Respondent.