Introduction
1.Before court is a Notice of Motion application dated 16th April 2026 filed by the plaintiff seeking the following orders:
a) That this application be certified urgent and heard exparte in the first instance.
b) That pending the hearing and determination of this motion, an order for temporary injunction does hereby issue compelling the defendant/ respondent, either by himself, his agent, servant, or anyone else acting under his authority, to desist from further trespassing upon land parcel Number Isukha/Shirere/2693.
c) That pending the hearing and determination of this application, a temporary injunction do issue restraining the defendant/ respondent, either by himself, his agents, servant, or any person acting under his authority, from entering upon, trespassing upon, or in any way interfering with land parcel Number Isukha/Shirere/2693, including blocking the plaintiff/applicant’s efforts to fence the same.
d) That the costs of this application be provided for.
2.The application is predicated on the supporting affidavit sworn by the plaintiff on 16th April 2026. Her case is that she is the legal representative of the estate of the late Bilha Nyikuli Om’mbango who was the registered proprietor of parcel No. Isukha/Shirere/2693 (suit property). That the defendant claimed to have purchased the suit property from one Ernest Musonyi, severally blocked her from fencing it and that he has trespassed on the suit property. That survey was done in the defendant’s absence due to his deliberate refusal to participate in the exercise.
3.The application was opposed. The defendant filed replying affidavit dated 20th May 2026. He stated that his spouse one Lucy Amukowa was the registered proprietor of parcel No. Isukha/Shirere/2694 which was a consolidation of two parcels having purchased the same from one Ernest Musonye. That they have been in peaceful occupation of the said parcel of land having been bona fide purchasers without notice. That the plaintiff’s title has been extinguished by the doctrine of adverse possession, and that surveyors visited the suit property and corrected the map without his participation. Parties filed written submissions in support of their respective positions, which the court has duly considered.
Analysis and determination
4.The court has carefully considered the application, the replying affidavit as well as rival submissions. In the instant application, the plaintiff sought orders of temporary injunction, pending the hearing and determination of the application dated 16th April 2026. What that means is that the prayers sought are now spent and there is nothing pending at this stage, for determination by this court as no temporary orders were sought pending the hearing and determination of this suit.
5.In the premises, the application dated 16th April 2026 is hereby marked as spent. Each party shall bear its own costs. It is so ordered.
DATED, SIGNED AND DELIVERED AT KAKAMEGA IN OPEN COURT/VIRTUALLY THROUGH MICROSOFT TEAMS VIDEO CONFERENCING PLATFORM THIS 18TH DAY OF JUNE 2026
In the presence of;
Mr. Odeck for the plaintiff
Mr. Mondia for the defendant
Court Assistant: Delphine