RULING
1.The Notice of Motion dated 30th October 2020 is premised on Rule 18 of the Supreme Court Rules, 2012 (now repealed) and seeks the following orders:
The Honourable Court be pleased to direct that additional evidence be taken by the trial Court to establish the level and extent of the continuing encroachment of the suit property L.R. No.25528.
The Director of Survey be directed to undertake a site visit and inspection, locus in quo, of the suit property, L.R. No.25528 and file with the trial Court a report showing the current level of encroachment in the suit property.
Upon and consequential to Orders 01 and 03 above being granted, the notes and observations made thereon by the trial Court do form part of this Court’s proceedings.
This Honourable Court do issue such further Orders as may serve the ends of justice.
The costs be provided for.
2.The Applicant, Zinj Limited, claims that the additional evidence being sought is intended to show the current level of encroachment into the dis…