RULING
1. The parties have appeared in Court together with the Counsel.
2. The most crucial issue is the determination of the main issues.
3. Consequently, all the parties have agreed as follows;
a) Both the Applicant and 22nd Respondent will vacate and/or not use the property known as L.R ELDORET MUNICIPALITY BLOCK 10/1909 pending the hearing and determination of the main suit.
b) The Applicant is allowed to collect rent of L.R NO.ELDORET MUNICIPALITY BLOCK 6/298 during the period of the hearing and determination of the matter.
c) The Applicant is further directed to keep an amount of rent for all the tenants in the property and a record of all rent collected from 10.12.2025 until determination of this suit.
d) In the event the property known as L.R ELDORET MUNICIPALITY BLOCK 6/298 will be declared to be a property of any other person other than the Applicant all rent collected from 10.12.2025 until the determination of the matter will be refunded or deposited where the Court will direct.
4. In the meantime, the Application dated 19.09.2025 is marked as overtaken by events.
5. Costs of that Application will abide the outcome of the main suit.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Chesoo for the Plaintiff
Mr. Maathai for the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, Defendants
Ms. Nekesa holding brief Mr. Oyaro for the 22nd Defendant
Ms. Chebet holding brief for Mr. Yego for 16th, 18th, and 21st Defendants
| ELC.L OS E022 of 2025 RULING2 |