JUDGMENT
These consolidated appeals arise from the judgment of the Environment and Land Court (ELC) (Olola, J.) delivered on 29th May 2019. In that judgment, the ELC dismissed a suit by Seastar Malindi Limited against the County Government of Kilifi for alleged wrong demolition of its property but condemned the latter to pay the costs of the suit. Aggrieved by the order on costs, the County Government of Kilifi instituted Civil Appeal No. 95 of 2019. On its part, Seastar Malindi Limited was dissatisfied by the order dismissing its suit and instituted Civil Appeal No. 121 of 2019. Both appeals were scheduled for hearing before us on 26th October 2021 when by consent they were consolidated with Civil Appeal No. 121 of 2019 as the lead file. We will refer to Sea Star Malindi Limited as the appellant and the County Government of Kilifi as the respondent.
The appellant’s case before the ELC was that the Municipal Council of Malindi, the predecessor to the respondent unlawfully demolished the…