JAMES MAINA, DANIEL MWANGI, BEN KIPLAGAT KANGOGO & DANIEL CHEGE (ALL SUING AS OFFICIALS OF KONDOO CENTER SELF HELP GROUP) V. ATTORNEY GENERAL, NATIONAL LAND COMMISION, JOHN SINGOEI, JOSEPH NGETIC & PAUL GATHUO (THE 3RD, 4TH AND 5TH RESPONDENTS SUED AS OFFICIALS OF KONDOO CENTER COMMITTEE)

JUDGMENT OF THE COURT

1. This is an appeal filed by the appellants against the ruling of the Environment and Land Court (Munyao Sila, J.) dismissing their application for interlocutory injunction pending the hearing and determination of the suit that was filed simultaneously with the application filed in the Environment and Land Court (E& LC). The main issue arising from the appeal is whether the learned trial Judge properly exercised his discretion in declining to grant the appellants a permanent injunction as against the respondents pending the hearing of the suit.

2. By a plaint filed on 25^th September, 2013, the appellants pleaded that from the year 1972, the appellants and other members of Kondoo Center Self Help Group were in occupation of plots of land described as UASIN GISHU/KONDOO SCHEME/627 (hereinafter referred to as the suit property) located at Kondoo Trading Centre to which they maintained that they became owners by way of adverse possession having enjoyed uninterrupted o…