1. This ruling is in respect of the application dated 16th May 2024 stated to be brought under Section 1A, 1B, 3A, 63(c) of the Civil Procedure Act, Order 51 Rule 1, 10(2) Order 40 Rules 1 and 2 of the Civil Procedure Rules seeking the following orders;
1) Spent
2) That this Honourable court do issue orders of temporary injunction against the defendants/ respondents, their servants and or agents restraining them from encroaching upon, further encroaching, cultivating, trespassing or developing on or in any other way utilizing the parcel of land known as KIPSAIYA-CHERELABEI FARM pending the hearing and determination of this application and suit.
2. The application is premised on the grounds on the face of the application and supported by the affidavit of Philemon Kimutai Yator sworn on 16th May 2024. He avers that he is member of Kipsaiya clan while the defendant is a member of Kaptobon clan; that his father and him have utilized the suit property since 1986; that the 1st defendant has forcefully entered the suit property and started clearing weeds with an intention of planting a crop therein; that the respondent’s action amount to trespass and there is need to restrain him from such actions.
3. When the application came for inter parties hearing on 3rd June 2024, the court issued an order of status quo. On 1st July 2024, in order to fast track hearing of the main suit, parties agreed to compromise the application. They further agreed that the order of status quo be extended until the main suit is heard and determined or unless further orders are issued by the court.
4. Parties having agreed by consent, the court orders as follows;
a) The notice of motion application dated 16th May 2024 is hereby marked as compromised.
b) Status quo to be maintained until the suit is heard and determined or unless further orders are issued by the court.
c) The defendants are granted 14 days to file their statement/s of defence and fully comply with Order 11 of the Civil Procedure Rules
d) Upon receipt of the statement of defence/s, the plaintiffs to file a reply to defence/s in 14 days if need be.
e) The matter is set down for pretrial on 24th September 2024.
Dated, signed and delivered at Iten this 1st day of July, 2024.
Ruling delivered virtually in the presence of;-
Ms. Jeruto for the Plaintiffs
Mr. Cheruiyot for the 1st Defendant
N/A for the 2nd Defendant
Court Assistant: Alex