JUDGMENT
This appeal arises from orders granted by the Environment and Land Court (ELC) on two applications filed therein by P. J. Dave Flowers Limited, the Appellant herein, and ASL Credit Limited, the 2nd Respondent herein respectively, as well as on a Preliminary Objection raised to the 2nd Respondent’s application by Limuru Hills Limited , the 1st Respondent herein. The 3rd Respondent, the Estate of Ishmael Elijah Muriithi, which had been joined as an Interested Party in the trial Court, opposed the 2nd Respondent’s application while supporting the Appellant’s application. The ELC in its ruling (Olola, J.) dismissed the Appellant’s application and the 1st Respondent’s Preliminary Objection, and allowed the 2nd Respondent’s application.
The facts giving rise to the ruling were as follows. The Appellant had by way of a Notice of Motion application dated 13th November 2017 sought orders of injunction and inhibition to restrain the Respondents from dealing with, disposing or alienating …