The Notice of Motion application dated 5th December, 2025 is unopposed. Affidavit of Service sworn by Daniel Roro Ochieng Nyagwara on 16th December, 2025 indicates that the Respondent was served with the court order dated 8th December, 2025, the application and pleadings in this matter on 10th December, 2025.
As at the time the matter came for hearing of the application on 17th December, 2025, no response had been filed and there was no attendance by or on behalf of the Respondent.
To the application was attached a Notice to vacate the suit land parcel No.KISUMU/KOGONY/3437 issued on behalf of the Respondent upon the occupants of the suit land.
It is the Applicant’s case that unless the Respondent’s demand for the Applicant to vacate the suit land is stopped, he will suffer loss. That he has filed the Originating Summons claiming rights under adverse possession.
As the application is unopposed and on the grounds disclosed in the application and the Supporting Affidavit, I find that the application has merit.
The application is allowed in terms of prayer 3 thereof as follows;
a) An order of temporary injunction is hereby issued restraining the Respondent by himself, his agents or servants from implementing the eviction notice or notice to vacate relating to land parcel known as KISUMU/KOGONY/3437 against the Applicant pending hearing and determination of the Originating Summons.
b) Costs of the application in the main suit.
Orders accordingly.
Ruling dated and signed at Kisumu, read virtually this 17th day of December, 2025.
E. ASATI
JUDGE.
In the presence of:
Maureen: Court Assistant.
Owuor for the Plaintiff/Applicant.
No appearance for the Defendant/Respondent.
| ELC (OS) E079/2025 RULING Page 2 |