JUDGMENT OF THE COURT
A. INTRODUCTION
[1] Before this Court are two petitions, Petition No. 17 (E021) of 2022 dated 28th July 2022 and filed on 1st August 2022, and Petition No. 24 (E027) of 2022 dated 19th August 2022 and filed on 24th August 2022. They are brought under Article 163(4)(a) of the Constitution, Section 15(2) of the Supreme Court Act, and Rules 3(5), 31, 32 & 39 of the Supreme Court Rules, 2020. The appellants seek to set aside the Judgment of the Court of Appeal (Kiage, M’Inoti & Mumbi Ngugi, JJ.A.) delivered on 22nd July 2022, which in effect affirmed the Environment and Land Court (Ombwayo, J.) in Eldoret ELC Petition No. 9 of 2014. By a consent order dated 20th February, 2023 the two petitions were consolidated.
B. BACKGROUND
[2] Sometime in 1965, N. K. Lagat and Partners acquired a parcel of land known as L.R. No. 10492 (Grant I.R No. 17542 /1) measuring 3236 acres from Jacobus Hendrick Engelbretch. The partnership comprised five partners, including the Late Noah Chelu…