The application dated 18/8/2026 is for hearing today. The defendant was served by the affidavit of service dated 17/9/2026 sworn by Joshua Juma Kajuma indicating physical service. Though unopposed the application shall be considered on its merit.
The grounds of the application are set out in the Notice of Motion. In summary the applicant has brought this suit claiming adverse possession over land parcel South Ugenya/Yiro/1363 and that she has been in possession and occupation thereof since 1973. There are threats by the defendant to enter the property and she fears she will be evicted.
The applicant has also sworn a supporting affidavit dated 18/8/2026. She annexes a copy of Green card of the parcel herein confirming the proprietorship. She has also attached photos demonstrating prima facie that she could be in occupation of the suit property. She fears eviction.
I think the best way forward is for the court to preserve the status quo pending the hearing and determination of the suit on merit. This will freeze the situation on the ground in terms of possession while ensuring there is no interference including eviction. The court is guided by the cases of Kenya pilots Association (KLPA) vs. Cooperative Bank of Kenya Limited and Another(2020)eKLR and Fatuma Abdi Jilo Vs. Kuro Lengesen and another (2021) and Republic Vs National Environment Tribunal Exparte Patron Homes Ltd and Another (2013)eKLR
The application therefore is disposed in terms of the following orders;
1. The status quo on the parcel SOUTH UGENYA/YIRO/1363 shall be maintained. For the avoidance of doubt there shall be no interference of the occupation & activities of the applicant & her family on the said parcel pending the hearing & determination of this suit.
2. The status quo on the parcel register for the Parcel SOUTH UGENYA/YIKO/1363 shall be maintained and the land registrar in charge of South Ugenya Yiro is prohibited from registering any transaction or interest on the parcel pending further directions of this court.
3. The costs of the application shall abide the outcome of the main suit.
Ruling delivered virtually through Microsoft teams Video Conferencing Platform in the presence of:
Mr. Omanga for Applicant
No appearance Respondent
Court Assistant : Victor Bwire.
ELCOS/E022/2026 RULING2
The grounds of the application are set out in the Notice of Motion. In summary the applicant has brought this suit claiming adverse possession over land parcel South Ugenya/Yiro/1363 and that she has been in possession and occupation thereof since 1973. There are threats by the defendant to enter the property and she fears she will be evicted.
The applicant has also sworn a supporting affidavit dated 18/8/2026. She annexes a copy of Green card of the parcel herein confirming the proprietorship. She has also attached photos demonstrating prima facie that she could be in occupation of the suit property. She fears eviction.
I think the best way forward is for the court to preserve the status quo pending the hearing and determination of the suit on merit. This will freeze the situation on the ground in terms of possession while ensuring there is no interference including eviction. The court is guided by the cases of Kenya pilots Association (KLPA) vs. Cooperative Bank of Kenya Limited and Another(2020)eKLR and Fatuma Abdi Jilo Vs. Kuro Lengesen and another (2021) and Republic Vs National Environment Tribunal Exparte Patron Homes Ltd and Another (2013)eKLR
The application therefore is disposed in terms of the following orders;
1. The status quo on the parcel SOUTH UGENYA/YIRO/1363 shall be maintained. For the avoidance of doubt there shall be no interference of the occupation & activities of the applicant & her family on the said parcel pending the hearing & determination of this suit.
2. The status quo on the parcel register for the Parcel SOUTH UGENYA/YIKO/1363 shall be maintained and the land registrar in charge of South Ugenya Yiro is prohibited from registering any transaction or interest on the parcel pending further directions of this court.
3. The costs of the application shall abide the outcome of the main suit.
Ruling delivered virtually through Microsoft teams Video Conferencing Platform in the presence of:
Mr. Omanga for Applicant
No appearance Respondent
Court Assistant : Victor Bwire.
ELCOS/E022/2026 RULING2