JUDGMENT
Noordin Bhaijee and Siafudin Bhaijee, the appellants herein, are aggrieved by the decision of the Environment and Land Court (ELC) in relation to the land situated at Kabenderani Mariakani measuring 2.4 acres (0.99 hectares) or thereabout, currently known as plot Number 98 Kawaa B Adjudication section (hereinafter referred to as “the suit property”). The ELC (Olola J.) declared the suit property as part of the estate of the deceased James Opiyo Opondo, and not the property of the appellants. The ELC in addition issued a permanent injunction restraining the appellants from trespassing onto the suit property, obtaining title thereto, disposing or developing the same, or in any other manner whatsoever and however interfering or intermeddling with the ownership, possession, quiet enjoyment and use thereof. Lastly, a mandatory injunction was issued compelling the appellants to forthwith remove at their own cost the building materials they had deposited on the suit property, and to …