RULING
The Application dated 20.08.2024 have been submitted orally.
Upon the Court’s consideration the same is determined in the following manner: -
- The Appellant/Applicant is allowed to occupy a portion of 1 acre only on the property known as L.R.NO.TRANSMARA/KAPUNE/170 where the temporary structure is located pending the hearing and determination of this appeal.
- The Appellant/Applicant is directed to get a surveyor to demarcate the portion of 1 acre which he will be in occupation pending the hearing and determination of this appeal at his own costs.
- The Respondent shall continue occupying and utilising the rest of the disputed portion of land within L.R.NO.TRANSMARA/KAPUNE/170 pending the hearing an determination of this appeal.
- Both parties are advised that in the event any party shall be ordered to surrender any of the portion in dispute after the determination of the appeal, they will ensure that the same is implemented.
- The Appellant is directed to deposit a sum of Kshs.50,000/= costs within 30 days from today.
IN THE PRESENCE OF:
COURT ASSISTANT: EMMANUEL/NGENO
APPELLANT/APPLICANT: MR. OPAR
RESPONDENT: MS. PION