I have considered Notice of Motion dated 5th March 2026, the supporting affidavit and submissions of counsel. The application is not opposed.
I find merit in the application. Considering the relationship between the Plaintiff and the First Defendant and also taking into account that the suit property is land inherited from the parties’ parents, I will grant the injunction in a modified form.
I grant a temporary injunction retraining the First Defendant, whether by himself, his servants or agents from constructing upon the Plaintiff’s portion of the parcel of land known as Central Kitutu/Bugetaorio/3510 or in any way interfering with the said portion pending hearing and determination of this suit.
In line with Order 40 rule 6 of the Civil Procedure Rules, the injunction shall, unless extended by the Court, remain in force for a period of only twelve months from the date of this ruling or until the case is determined, whichever occurs first.
Costs shall be in the cause. Hearing of the suit will be on 22nd April 2026 as previously ordered.
Dated this 23rd day of March 2026.