JUDGMENT OF THE COURT
In this interlocutory appeal, the appellant, Suleiman Enterprises Ltd, challenges the exercise of discretion by the Environment and Land Court at Mombasa (Olola, J.). On 4th February 2019, the learned judge dismissed an application by the appellant to adjourn the hearing of a motion on notice filed by the 1st respondent, Kensalt Limited. The appellant urges us to find that the learned judge wrongly exercised his discretion in denying the adjournment.
The brief background to the appeal is as follows. On 14th December 2018, the learned judge granted, on the application of the appellant, an interim injunction and prohibited the 1st respondent from entering upon the parcels of land known as LR No. 21918 and LR No. 21983 (the suit property). Three days later, the 1st respondent applied to the court for its own interim injunction against the appellant, the purpose of which was to prevent the latter from interfering with the 1st respondent’s efforts to remove some machine…