PETER ATANDI NYABUTI V. MELLEN KEMUNTO PHILIP

JUDGMENT OF THE COURT

The appellant, Peter Atandi Nyabuti, is aggrieved by orders issued by the High Court at Kisii on 6^th June 2014. Those orders restrained him from interfering with the respondent’s occupation and use of a property known as Title Number Nyaribari Chache/B/B/Boburia/1588 or subdivisions thereof known as Nyaribari Chache/B/B/Boburia/9508, 9509, 9510, 9511 and 9512 and inhibited any dealings therewith pending the hearing and determination of High Court ELC Case No. 189 of 2013 in the Environment and Land Court at Kisii. This is an interlocutory appeal and the only issue we need to address is whether the learned Judge of the High Court (Okong’o, J.), properly exercised his discretion when granting those orders.

Background

In her suit filed at the High Court at Kisii in April 2013, the respondent pleaded that she obtained letters of administration ad litem in respect of the estate of her mother in law, Hellen Mokeira Ayora, deceased, who was the registered proprietor of the…