Upon hearing counsel for the plaintiff/applicant and the defendant/ respondent, two issues arose.
The first issue is on the validity of the ownership of the defendant relating to the suit property.
The plaintiff/applicant is seeking to challenge and/or revise the registration of the defendant on the basis that they are cowives and the title should have been dealt with through succession after the death of the late Elijah Ole Sakaja, the succession cause is Kisii HC Succession number 160 of 2014.
However, the title had been transferred to the defendant way back in the year 2001.
It is therefore clear that the applicant has established a prima facie case for determination to ascertain the manner and process that the suit property moved upon death of the late Elijah ole sakaja to the defendant’s name.
Secondly, there is no dispute the plaintiff occupies a portion of the suit property.
Consequently, it would cause substantial harm and/or injury if this suit is alienated and/or sold to any other party before this suit is heard.
In the circumstances, the following orders are issued in determination of this application.
- An order of temporary injunction be and is hereby issued against the defendant, her employees, servants and/or any other person acting on her instructions and/or deriving ownership from the defendant from evicting, selling, transferring, charging, mortgaging and/or parting away with ownership of the property known as Transmara/Moyoi/29.
- The status quo operating as on 25/4/24 will continue to be maintained pending the hearing and determination of the suit.
- The costs of this application will abide the outcome of this suit.