REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

LAND CASE NO. 11 OF 2016

FRED JUMA NYONGESA..............................................................................1^ST PLAINTIFF

MOSES ABALLO............................................................................................2^ND PLAINTIFF

VERSUS

MOSES KIPSANG ROTICH..............................................................................DEFENDANT

RULING

The Application

1. The application dated 10/11/2020 and filed in court on 13/11/2020 has been bought under Section 1A, 1B, 3 & 63(e) of the Civil Procedure Act and Order 12 Rules 1, Order 22 Rule 22 and 51 Rule 1 of the Civil Procedure Rules. The plaintiffs seek the following orders:-

(a) …spent

(b) That pending hearing and determination of this application there be a temporary stay of attachment and sale of the applicant’s proclaimed properties listed in the schedule of moveable property dated 6/10/2020 by Igare Auctioneers.

(c) Costs be in the cause.

2. The application is supported by the affidavit of the 2^nd defendant sworn on 10/11/2020. The grounds upon which the said application is made are that the applicant’s moveable assets have been proclaimed and are due for attachment and sale; that the applicant is ready and willing to settle the taxed costs in instalments of Kshs.10,000/= and that the application is made in good faith.

The Response

3. I have perused the record and found no response to the application dated 10/11/2020.

Submissions

4. Parties also appear to have filed no submissions as there are none on the record.

Determination

5. Having perused the application dated 10/11/20 I find that there is no substantive prayer for any substantive relief and on that ground I hereby strike it out with no orders as to costs.

It is so ordered.

Dated, signed and delivered at Kitale via electronic mail on this 17^th day of December, 2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE.