1. The application dated 15th July 2024 brought under Article 40 of the Constitution, Sections 1A, 1B, 3A 63(C) of the Civil Procedure Act, Order 51 Rule I of the Civil Procedure Rules, seeks an order of Status quo ante in a bid to preserve Iten Township/219, thus restraining the defendant/respondent from trespassing into , disposing/ alienating and from in any way interfering with and/or dealing with the suit property pending hearing and determination of the application and suit.
2. The application is premised on the grounds on its face and is supported by the affidavit of Samson Kimaiyo Tarus and further affidavits of Albert Kipkorir Kimwatan and Samson Kimaiyo Tarus sworn on 17th September 2024.
3. The application is opposed vide the Replying Affidavit of Josphat Kipkosgei Kerich sworn on 3rd September 2024.
4. When the application came for inter parties hearing on 23rd September 2024, Counsels for the respective parties agreed to compromise the application so as to fast track hearing of the suit. The application was marked as compromised and the following order was issued;
By Consent the status quo order issued on 18th July 2024 is extended pending hearing and determination of the suit.
Dated, signed and delivered at Iten this 23rd day of September, 2024.
L. N. WAITHAKA
JUDGE
Ruling delivered virtually in the presence of:-
Ms. Moraa for Plaintiff/Applicants
Mr. Wafula for the Defendant/Respondent
Court Assistant: Alex