In the Estate of ESTHER TAM BINAYO

I have looked at the 1st Petitioner's Notice of Motion application that was dated and filed on 22nd January 2025 and his Affidavit that was sworn on even date and that of David Koech that was sworn on 22nd January 2025 and 21st January 2025 respectively together with the enclosures therein and noted that in the decision of Asati J that was delivered on 9th March 2023, it was indicated that the Respondent herein was to file a suit for adverse possession in respect of three (3) acres of L.R. No Nyangori/ Banja/628, which also appears to be the subject matter of the present application, but had not filed the same by the time the aforesaid decision was delivered. It is not clear whether the suit had since been filed. To preserve the subject property as this court considers the said application, I therefore grant Prayer No (2) of the said Notice of Motion application dated and filed on 22nd January 2025 until 31st January 2025 when the said application will be listed for inter partes hearing and/or for further orders and/or directions. The 1st Petitioner be and is hereby directed to serve the Respondent herein with the said application forthwith. For the avoidance of doubt, the present application has not been certified as urgent but has only been given a date on a priority basis in view of the orders that have been granted herein. Orders accordingly.