Odando v Land Registrar, Nandi County & 4 others

RULING 1. The applicant through Kagna and Company Advocates led an application dated 3rd December 2025 seeking, inter alia, an order of interim injunction against the applicant over LR Numbers Nandi/ Kapsengere/481 and 1091 and that Kennedy Libabu, the 1st interested party be compelled to restitute boundary and access road to its original position as at 11th November 2025 pending the hearing and determination of this substantive motion. 2. The Honourable Attorney General represents the 1st and 2nd respondents pursuant to memorandum of appearance dated 3rd November 2025. 3. The 2nd interested party appears in person. 4. In the replying adavit sworn on 18th March 2026, the 2nd interested party is seeking access road be reopened in the interim and the surveyor to revisit the ground and assess the situation. 5. Clearly, the interim orders sought by the 2nd interested party have the eect of granting Certiorari and Mandamus orders which are nal orders sought in the application. 6. In the premises, the interim orders sought at this stage of the application, cease as there are no exceptional circumstances to grant the same; see Olive Mwihaki Mugenda and Another vs Okiya Omutata Okoiti & 4 others (2016) eKLR. 7. Accordingly, the court would henceforth expedite delivery of judgment to deal with the nal prayers in the application. 8. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 23RD DAY OF SEPTEMBER 2026 HON. G M A ONGONDO JUDGE In the presence of; M/s Nanungi learned counsel for the applicant The 2nd interested party in person Walter Kipkorir, court assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5883/eng@2026-09-23 2

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