JUDGMENT
The appellants, Nereah Michael Said, Gerhard Heiduk, and Wolfgang Georg Johann Ehgartner have challenged the ruling delivered by the Environment and Land Court (ELC) (C.K. Yano, J.) on 16th September 2019, in which the ELC dismissed an application by the the 1st appellant, as well as a preliminary objection by the 2nd and 3rd appellants, seeking to strike out a suit against them by the respondent, Thomas Schiering.
In that suit, the respondent seeks reliefs against the appellants to restrain them, by permanent injunction, from dealing with a property known as Title Number Kwale/Galu Kinondo/2460; and an order directing the Land Registrar Kwale to cancel registration of the 2nd and 3rd appellants as owners thereof. In the alternative, he seeks an order directing the appellants to remit the full purchase price to him. Also sought in the plaint is an order against Kenya Power & Lighting Company Ltd, named as the 4th defendant, to compel it to restore or reconnect electricity suppl…