PIUS ISAIGA & 57 OTHERS V. SAMMY KIPROTICH KOSGEI & CLEMENT KIPROTICH LAGAT

RULING OF THE COURT

1. By their application dated 6^th January 2020, the applicants seek an order of temporary injunction, under Rule 5(2)(b) of the Court of Appeal Rules, to restrain the respondents from evicting them from land parcels known as Nandi/Kapkangani/1371,1372,1373,1374,1375,1376,1377,1378, 1379,1380,1381,1382,1383,1384 being subdivisions of the original parcel Nandi/Kapkangani/272 pending the hearing and determination of their appeal from the ruling of the High Court at Eldoret delivered on 17^th December 2019.

2. Before the High Court, the applicants complained that parcel Nandi/Kapkangani/272 formed part of the estate of the late Kipkosgei Chepturo, deceased; that before filing and obtaining grant of representation in Succession Cause No. 221 of 2015, the respondents unlawfully and fraudulently subdivided Nandi/Kapkangani/272 into the said subdivisions, Nandi/Kapkangani/1371-1384, and transferred the same to themselves; that there is pending before the High Court an applica…