GEORGE OTIENO GACHE & COVENANT OF PEACE CHURCH V. JUDITH AKINYI BONYO, JUSHUA OMOLLO, RICHARD OTIENO, JAMES OTIENO, CHIEF LANDS REGISTRAR & NATIONAL LANDS COMMISSION

RULING

[1] By a Notice of Motion dated 22^nd September, 2016 George Otieno Gache and Covenant Peace of Church (hereinafter referred to as “the 1^st and 2^nd applicants” respectively), have moved the Court under Rule 5(2)(b), 42(1) and 47(1)&(2) of the Court of Appeal Rules and Order 40 Rules 1,2,3(3),&.4 of the Civil Procedure Rules seeking an order of injunction restraining the respondents and their servants/and or agents from occupying, continuing to occupy or doing any act on land parcel known as L.R. No. 15155 Kanyakwar Kisumu (hereinafter referred to as the suit land), pending the hearing and determination of an intended appeal; and also an order staying all proceedings pursuant to the ruling of Hon. Justice SM Kibunja dated 12^th November, 2015 in Kisumu High Court Land Case No. 3 of 2015 during the pendency of the appeal. The respondents to the motion are Judith Akinyi Bonyo, Joshua Omollo, Richard Otieno, and James Otieno (herein the 1^st 2^nd 3^rd and 4^th respondent respectively).

[2]…