REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAKAMEGA ELCLC NO. E019 of 2024 JOHN BARASA KAUSI…. ………………………………..PLAINTIFF -VERSUSLAND REGISTRAR KAKAMEGA COUNTY…..1ST DEFENDANT COUNTY SURVEYOR (JANE FUNDIA).........2ND DEFENDANT HON. ATTORNEY GENERAL…………………..3RD DEFENDANT RULING Introduction 1.Before court is a Notice of Motion application dated 11th October 2024 filed by the plaintiff seeking the following orders: a) That the application be certified as urgent and heard ex parte in the first instance. b) That a temporary injunction order be issued restraining the Defendants/ Respondents from interfering with the deceased land No. NORTH 1
page 1 of 3
KABRAS/MATSAKHS/133 in the name of the deceased SAIDI SILIKANA which is in the right procedure of succession in the High Court at Kakamega under this application No. E006 OF 2024 which judgment was delivered on 30th August 2024 and the file is missing. I pray temporary injunction orders pending the hearing and determination of the application. c) That any other relief the court may deem just and expedient to grant. d) That the cost of this suit be provided for. 2.The application is supported by the affidavit sworn by the applicant. The application is opposed by the respondents who filed replying affidavit dated 17th February 2025. 3.The court has considered the application. It is trite that parties are bound by their pleadings. As the application herein sought a temporary injunction pending hearing and determination of the same application, therefore, the application is already spent and there is nothing pending determination at this stage. For that reason, the application dated 11th October 2024 is hereby dismissed with costs to the respondents. 4.It is so ordered. DATED, SIGNED AND DELIVERED AT KAKAMEGA IN OPEN COURT/VIRTUALLY 2 THROUGH
page 2 of 3
MICROSOFT TEAMS VIDEO CONFERENCING PLATFORM THIS 23RD DAY OF SEPTEMBER, 2026 A. NYUKURI JUDGE In the presence of; No appearance for the applicant No appearance for the respondents Court Assistant: Delphine 3
page 3 of 3