SAMUEL KIPKORIR BARMASAI(Suing on behalf of Barmasai Kibware) VS JAMES WAFULA WANGILA AND MARY NABWIRE BWIRE

RULING

1. The Plaintiff who is also the applicant is seeking for adverse possession against the Defendant/Respondent.
2. According to the Applicant the property known as L.R Uasin Gishu/Moiben Scheme/3 is in the occupation and use of the Applicant.
3. This fact has been confirmed by the Registered owner who is the Respondent.
4. It is clear that the Applicant is in occupation and there is a likelihood that the Defendant may evict the Plaintiff/Applicant as submitted by their counsel during the pendency of this matter.
5. Consequently, the court hereby grants prayers No. C in the Application dated 09.04.2025 to the following effect;
6. That pending the hearing and determination of this suit, a temporary injunction be and is hereby granted restraining the Defendant/Respondent by themselves either, agents, servant and employees from interfering with the Plaintiff/Applicant’s occupation and use of the suit property L.R UASIN GISHU/MOIBEN SCHEME/3.
7. The Plaintiff/Applicant is prohibited from constructing any developments on this property other than what is on the ground until determination of this matter.
8. The costs of this application will abide the outcome of the main suit.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Ngeno for Plaintiff/Applicant

Defendant: Mr. Shihemi holding brief Ms. Maloba for the Defendant/Respondent