ESTATE OF ENG. BARNABBAS GABUNA ARIGA (SUING THROUGH ITS EXECUTRIX EMILY MAYUKUBA JUMA) VS EUNICE ASENA LUYEGU

I have considered the submissions. The order of 7^th November 2024 required the Plaintiff to serve the Notice of Motion together with the Plaintiff’s written submissions. It is apparent that the Plaintiff did not comply with that order. The delay is squarely to be blamed on the Plaintiff. A party who moves the Court under Certificate of Urgency and obtains interim orders must exhibit urgency in all their conduct.

Regarding the proceedings in the Subordinate Court, Ms Waweru has confirmed that indeed eviction orders were issued by the said Court. The present application was filed after the orders of the Subordinate Court. I agree with Counsel for the Defendant that there is risk of conflicting orders if the interim orders herein are extended. Since parties are in agreement about status quo orders, I will issue status quo orders instead.

In the circumstances, I make the following orders:

1. The Plaintiff to file and serve supplementary affidavit and written submissions within 14 (fourteen) days from today.
2. Notice of Motion dated 25^th October 2024 shall be heard on 23^rd January 2025.
3. Interim orders granted on 7^th November 2024 are not extended. Instead, an order of status quo is issued in terms of prayer 6 of Notice of Motion dated 25^th October 2024.

Dated this 16^th day of December 2024.