JUDGMENT
In this appeal, the appellants have challenged a ruling delivered on 17th September 2019 in which the Environment and Land Court (ELC) (Yano, J.) dismissed their suit, in limine, on grounds that the ELC lacked jurisdiction to entertain it by virtue of the provisions of the Landlord & Tenant (Shops, Hotels and Catering Establishments) Act and on grounds that the suit is barred by the doctrine of res judicata.
The appellants were tenants in occupation of premises situated on a property known as Plot No. 53/3/ MN Changamwe, Mainland West, Mombasa until 16th July 2018 when they say they were evicted therefrom by their landlord, the respondent, in the guise of distress for rent. On 21st September 2018, by a plaint dated 20th September 2018, they filed suit before the ELC at Mombasa seeking judgment against the respondent for: a declaration that their dispossession of the premises by the respondent was unlawful, null and void as contravening the Landlord & Tenant (Shops, Hotels and C…