Ruling
In his application dated November 15, 2022, Issa Ibrahim Mahat, the applicant, seeks an order of injunction to restrain Samuel Losuron Poghisio, the respondent from developing, constructing, charging, disposing off, transferring, selling or in any way dealing with the property known as LR No 24880 situated in Vipingo Ridge, Kilifi, pending the hearing and determination of his appeal. His intended appeal, based on his notice of appeal, is against a ruling of the Environment and Land Court (ELC) at Malindi delivered on 19th October 2022 in ELC Case No 53 of 2021 in which his application for injunction to restrain the respondent from dealing with the said property pending the hearing of his suit was dismissed.
During the hearing of the application before us on December 13, 2022, learned counsel Miss. Bujra held brief for Miss Hanan for the applicant. Mrs Omote, learned counsel, appeared for the respondent. Miss Bujra, referred to the grounds appearing on the face of the application,…