JUDGMENT OF THE COURT
The appellants, Celestine Ann King, Celestine Anna Von Moltke, Michaela Nina Carmichael, Susan Geraldina Knott and Anthony Basil Mitton are aggrieved by the decision of the Environment and Land Court which declined to grant an injunction against the 1st to 5th respondents, Said Hassan Mwatsumiri, Mshenga Vuyaa Ruga, Fatuma O. Zonga, Omar H. Kitengele and Mohamed Hassan Vyoni to restrain them from selling or disposing of the land that the appellants occupied, that is Kwale/Diani Beach Block/76 (the disputed parcel) .
The appellants’ case is that they are the registered owners of the disputed parcel they inherited from their mother, Mrs. Nina Mitton. As proof of ownership of the disputed parcel, they attached a copy of the Certificate of Lease over the disputed parcel which they hold in their possession. It was further averred that sometime in April 2017 they discovered that the 6th respondent had fraudulently and irregularly issued a Certificate of Lease to the 1st …