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JudgmentJENIFER WAIRIMU KABIRU VS EVERLYNE JEROTICH1 min read

JENIFER WAIRIMU KABIRU VS EVERLYNE JEROTICH

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. The Application dated 30.05.2025 will be canvassed by way of written submission.
  2. The Applicant is granted leave of 21 days from today’s date to prepare, file and serve their submissions in support of the Application.
  3. The Respondent will have leave of 30 days upon service of the Applicant’s submission to prepare, file and serve their submissions.
  4. In an effort to preserve the subject matter of this Appeal, the Court hereby directs the Land Registrar to register an inhibition on the property known as KAPTAGAT/KAPTAGAT BLOCK 1(MISOI)/260 pending the hearing and determination on this Application.
  5. An Order of stay of execution of the Ruling dated 23.05.2025 and proceedings in the file known as CM ELC NO.E002 of 2025 be and is hereby issued pending the hearing and determination of this suit.
  6. The residential house in the disputed property should be vacated by both the Appellant and Respondent within 14 days from today’s date pending hearing and determination of the Application.
  7. All rental proceeds collected from the suit property should be deposited in Court with effect from 31.07.2025 until hearing and determination of the Application.
  8. The matter will be mentioned on 25.11.2025 to confirm parties have filed submissions and fixing a ruling date.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Gachuri Mr. Mbugua and Mr. Wanjohi for Appellant/Applicant

Defendant: Mr. Okari for the Respondent

    JENIFER WAIRIMU KABIRU VS EVERLYNE JEROTICH JENIFER WAIRIMU KABIRU VS EVERLYNE JEROTICH