JUDGMENT OF THE COURT
The appeal before us is basically against an order made by the Environment and Land Court (ELC) in Kerugoya (Olao, J.) on 4th November, 2016, dismissing a Preliminary Objection (PO) taken out by the appellant against the main suit and a notice of motion filed by the respondents. The trial court also made a decision on the notice of motion, granting it, but there is no ground of appeal related to the merit decision of that application. The respondents contend, amongst other grounds, that the appeal does not lie and is incompetent since no leave was sought or granted to file any appeal. It is logical, therefore, that we examine that objection first. It is also necessary to put the matter in context.
The main dispute relates to a parcel of land registered under the Registered Land Act (now repealed), as Mbeere/Kirima/2056 (plot 2056), measuring approximately 11.27 Hectares (about 28 Acres), which has a long history. From the record before us, it underwent several disp…