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The application in Civil Application No. E046 of 2021 is interrelated with that in Civil Application No. E045 of 2021, in that the applicant is the same, and represents the Principal Secretary of the Ministry of Lands in both applications, albeit against different respondents. The applicant also seeks the same order as against the different respondents, who are represented by the same counsel in both applications. Lastly, the two applications emanate from similar orders granted by the Environment and Land Court on 30th April 2021 in two suits, namely Malindi Civil Suit No. 102 of 2008 and Malindi Civil Suit No. 107 of 2008.
During the hearing of the applications, the counsel for the applicant and respondents agreed that the two applications be argued together, and that the lead file shall be that of Civil Application No. E046 of 2021. Further, that the ruling therefrom shall apply to Civil Application No. E045 of 2021.
The respondents hold a decree in their favour which has not be…