1.The applicants seek for inhibition orders against the LR No Nkuene Ng’onyi/213 hereinafter the suit land pending the hearing and determination of the originating summons dated October 24, 2022, in which they seek for declaration of ownership of the suit land by virtue of adverse possession.
2.The reasons as contained in the supporting affidavit sworn on October 24, 2022 by Margaret Gakii Murithi are that though in occupation of 1½ acres of the suitland since 2004, a confirmation of grant from the Meru HC Succession Case No 65 of 1993 for the estate of the deceased is due for implementation to the detriment of the applicants.
3.The court has looked at the ruling aforementioned. It is dated June 7, 2022. The originating summons and this application were filed on October 24, 2022 and October 25, 2022 respectively. There is no official search attached to the affidavit for this court to establish the current status of the suit land. A lot may have happened in the four months since the distribution of the estate was done by the probate court. The cause for the delay has not been explained. Therefore, I find no good reason why the court should issue such drastic orders which are in the nature of prohibitory injunction at this juncture without any sufficient material. I find the application lacking merits. The same is dismissed. The originating summons to be set down for hearing on priority basis.