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JudgmentIN THE ESTATE OF WILSON ONYANGO NYAISA AND JERITHA PANGANI ONANGO AND ANO VRS MONICAH MANDERE ONYANGO1 min read

IN THE ESTATE OF WILSON ONYANGO NYAISA AND JERITHA PANGANI ONANGO AND ANO VRS MONICAH MANDERE ONYANGO

High Court at Kisii High Court · · Odera Teresa Achieng

28.1.26(8.30AM )
CORAM : T.A ODERA -JUDGE
CA – KIPCHIRCHIR

Omaiyo : I am for the applicant. I just saw Mr Bosire
Mr Bosire Nyamori : I am for the 2nd and 3rd respondent.
Omaiyo : Application dated 15.1.26 is for directions. 1st respondent is absent . he is the one who necessitated us moving the court. He is an administrator along side Mr Bosire’s client.
Ct : Return of service by Mokaya Ariga Peter . A court process server is noted. He is absent
Omaiyo : Application dated 15.1.26 is for hearing today. We seek interim orders pending our application for revocation od grant . I seek directions on the application . I seek prayer prayer 2 and 3 , 4 and 5 in the mean time. Prayer 6 can remain for determination as it substantive .
Bosire : I have just been instructed, I am yet to regularize my appointment . I am informed that the 1st respondent is still cutting and milling and selling the trees against the orders issued earlier .
Omaiyo : I confirm that it is the position. He began cutting the trees day and night upon serving the previous orders . The rights of my client will crystalize upon
Court : were there advocates on record before ?
Omaiyo : All the advocates were served .

RULING
Application dated 15.1.26 is considered. The same in not opposed . The same meets the threshold for grant of an injunction . I proceed to issue the interim orders in terms of prayers 4 5 . Pending hearing and determination of substantive prayers 6 and 7 due to its urgent The summons be listed for directions on 5.2.26.
T.A ODERA
JUDGE
28.1.26

Details

Delivered
Court rank
High Court

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