VIVO ENERGY KENYA LIMITED VS GAMASIL COMPANY LIMITED

RULING

1. The application dated 26^th February, 2025 was coming up for hearing today
2. The court is satisfied that the Respondent were property served and even filed a Replying Affidavit.
3. The Applicants are seeking the preservation of the suit matter pending hearing and determination of the main suit. 
4. In the Replying Affidavit by the Respondent it is admitted that the Respondent demolished the permanent wall for various reasons.
5. To avoid any further alterations of the subject property, the court hereby grants the following Prayers;-

    a) For purposes of preserving the subject properties pending the hearing and determination of the suit, the Defendant, its directors, employees, servants, agents, assigns and/or any other person acting on the instructions of the Defendant are hereby prohibited by way of temporary injunction from interfering with the Plaintiff's occupation and/or possession of the suit property known as LR.NO.ELDORET MUNICIPALITY/BLOCK 8/808 & 809 and specifically from demolishing, removing, altering and/or changing the structures and/or developments erected thereon.

b) The OCS of the nearest Police Station within whose jurisdiction the above mentioned properties are located is directed to ensure compliance of the above Injunctive Orders.

DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 11^TH  MARCH 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Luseno for the Plaintiff/Applicant

Defendant: Mr. Okundi for Defendant/Respondent