TOROTICH MISOI MERENG V. MOHAMED ALI & SETTLEMENT FUND TRUSTEES

JUDGMENT OF THE COURT

This is appeal from the Ruling and Order of the superior court (Gacheche J) dated 9^th June, 2005 dismissing an interlocutory application for injunction pending the hearing of the suit.

On or about 10^th November 2004 Toroitich Misoi Mereng, (appellant) filed a suit at High Court Eldoret against the two respondents for recovery of land parcel number KUINET SETTLEMENT SCHEME Plot Number 256 (suit land) and permanent injunction.

The appellant averred in the plaint, inter alia, that on 6^th June, 1983, the 2^nd Respondent, Settlement Fund Trustees (SFT) allocated the suit land measuring 5 acres to the appellant; that on 7^th June, 1983, the appellant paid a deposit of Shs. 625/= and was put in possession of the land; that sometime in 2004 the appellant discovered that SFT had allocated the suit land to the 1^st respondent; that the 1^st respondent had on 1^st November 2004 collected a Discharge of Charge and Transfer documents for registration; that the appellant had not recei…