RULING OF THE COURT
This application arises from a practice devised and adopted in Malindi by the Environment and Land Court in consultation with and concurrence of the local Bar, where an application brought under a certificate of urgency is placed before the judge in chambers,and in the absence of the applicant or counsel he determines whether the application is urgent and whether there is a basis to issue ex parte orders pending the hearing of the application inter partes.
Regarding the matter before us,62 of the applicants were sued by the respondent in MLD.ELC NO.97 of 2014 for vacant possession and permanent injunction in respect of a parcel of land No.209163/D LAMUWEST.The court (Angote,J) heard the case which was undefended and granted the prayers, holding that the suit property being Government land, the applicants could not claim ownership by adverse possession and as such,the applicants were trespassers.
Subsequently the applicants approached the learned Judge withan applicati…