MOSES KIBIEGO YATOR V. ECO-BANK KENYA LIMITED, VALLEY AUCTIONEERS & STEPHEN KIPCHICHIR MELLY

JUDGMENT OF THE COURT

By this interlocutory appeal, the appellant Moses Kibiego Yator, who was the plaintiff in the Environment and Land Court at Eldoret, challenges the ruling and order of Ombwayo, J. by which his application for injunction dated 21^st May, 2015 was disallowed. That application sought a number of other orders including;

“2.THAT Valley Auctioneers and Stephen Kipchichir Melly be enjoined in this suit as 2^nd and 3^rd defendants;

3. THAT the plaintiff be granted leave to amend the plaint to incorporate the new parties;

4. THAT an interlocutory injunction do issue against Stephen Kipchirchir Melly restraining him whether by himself, his servants and/or agents from evicting the plaintiff from the land parcel known as KIPLOMBE/KIPLOMBE BLOCK 6 (KUTSI)/42 or dealing with the same pending the hearing and determination of this application in the first instance and thereafter pending the hearing and determination of the suit;

5. THAT the costs of this application be provided for.”

It …