ORDER OF THE COURT
The Notice of Motion dated 28th October, 2008 was certified as urgent, mainly because there is an application relating to the same dispute scheduled to be heard in the superior court. Mr. Kibatia, learned counsel for the respondent confirms to us that the application scheduled for hearing in the superior court on 12th November, 2008 has been overtaken by events and he will not prosecute it.
The respondent has filed a replying affidavit this morning which he has served on Mr. Nyangau, learned counsel for the applicant in court.
Mr. Nyangau intimates that he would have liked to take instructions on the affidavit but that the matter is urgent as the respondent intends to embark on a construction in the disputed plot.
The counsel have agreed that status quo in respect of the disputed plot can be maintained until the next hearing date.
In the circumstances, the application is taken out from the hearing list to enable Mr. Nyangau to take instructions on the replying affidavit.…