REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOМА
HIGH COURT CIVIL APPEAL NO. E052 of 2021
RAYMOND OTIENO RAMANYA. .................1STAPPELLANT/APPLICANT
WILLIAM NDINYA OMOLLO. ......................2ND APPELLANT/APPLICANT
-VERSUS
BELINDA ATIENO OCHIENG. ............................................RESPONDENT
RULING
1. I have considered the appellants' Notice of Motion dated 6th August 2025, the affidavit in support thereof sworn by Mary Ongong'a advocate on even date and the enclosures attached thereto and I do find that due to the imminent risk of sale of motor vehicle registration No KBV 749T, urgency has been demonstrated. Further in light of the pendency of an application in Bungoma CMCC E110/2018 for the release of the monies held in Equity Bank Account No 0180182599061 in the joint names of the parties’ advocates I am inclined to grant interim orders. I thus make the following orders :-
i) This application is certified as urgent.
ii) The appellant is directed to serve this application within 2 days and the respondent to file a response within 5 days from the date hereof.
iii) An order of stay of the motor vehicle Registration No KBV749 T is hereby granted for 8 days from the date hereof.
iv) Inter partes hearing on 19.8.2025
Delivered, Signed and Dated at Bungoma this 11th day of August 2025.
Mwanaisha S Shariff
Judge
IN THE HIGH COURT OF KENYA AT BUNGOМА
HIGH COURT CIVIL APPEAL NO. E052 of 2021
RAYMOND OTIENO RAMANYA. .................1STAPPELLANT/APPLICANT
WILLIAM NDINYA OMOLLO. ......................2ND APPELLANT/APPLICANT
-VERSUS
BELINDA ATIENO OCHIENG. ............................................RESPONDENT
RULING
1. I have considered the appellants' Notice of Motion dated 6th August 2025, the affidavit in support thereof sworn by Mary Ongong'a advocate on even date and the enclosures attached thereto and I do find that due to the imminent risk of sale of motor vehicle registration No KBV 749T, urgency has been demonstrated. Further in light of the pendency of an application in Bungoma CMCC E110/2018 for the release of the monies held in Equity Bank Account No 0180182599061 in the joint names of the parties’ advocates I am inclined to grant interim orders. I thus make the following orders :-
i) This application is certified as urgent.
ii) The appellant is directed to serve this application within 2 days and the respondent to file a response within 5 days from the date hereof.
iii) An order of stay of the motor vehicle Registration No KBV749 T is hereby granted for 8 days from the date hereof.
iv) Inter partes hearing on 19.8.2025
Delivered, Signed and Dated at Bungoma this 11th day of August 2025.
Mwanaisha S Shariff
Judge