USONIK FARM PURCHASE CO-OPERATIVE SOCIETY LTD
V.
JOAN ABURA & LYNETTE DAWA (AS ADMINISTRATORS OF THE ESTATE OF ISABELLA AKUMU ABURA (DECEASED)

RULING OF THE COURT

On 23^rd July, 2019 the applicant, Usonik Farm Purchase Co-operative Society Ltd “the applicants” filed a Notice of Motion dated 18^th July, 2019. The motion was made pursuant to Rule 5 (2) (b) of this Court’s Rules. The applicant sought the following orders, inter alia:

1. That there be temporary orders of stay of execution of that part of the ruling and orders of Hon. Mr. Justice S. M. Kibinja delivered on 12^th June, 2019 in Kisumu Environment and Land Court Case No. 28 of 2014 directing the applicant to remove structures and vacate the parcel of land known as L.R. No. 6015/3 Nandi District within 90 days or they be forcefully evicted pending the hearing and determination of the intended appeal.

2. That costs of this motion be provided for.

The motion was supported by the affidavit of Joshua Kiplelgo Melly, a member of the applicant sworn on 18^th July, 2019. He deposed, where relevant, that the applicants had been granted permission by the late Jack Franklin Ojwang “Oj…