RULING OF THE COURT
By a notice of motion dated 12th July 2016 the applicant, Michael Odera Otom, (suing as the administrator of the estate of Thomas Otom Agulo) seeks an interim order of injunction to restrain the respondents, their servants, agents or anyone from claiming title, encroaching or trespassing or disposing or occupying the land parcel known as I.R. 96243 L.R. No. Kisumu Municipality15300 (the subject land parcel) pending the hearing and determination of this application and the intended appeal.
Also sought is an order for a grant of stay of any and all proceedings arising from the ruling of S.M. Kibunja, J. dated 9th March 2016 in Environment and Land Case No. 207 of 2013 at Kisumu pending the hearing and determination of the appeal; and for that costs of the application be provided for.
The application was supported by an affidavit sworn by Michael Odera Otom who had on 3rd March 2008 obtained Letters of Administration ad litem in respect of the estate of Thomas Otom Agulo…