MARTIN CHIPONDA, SHIDA CHARO, DALU CHIGAMBA MUNGA, EPHRAIM KITSAO BAYA & KAZUNGU KATANA V. BANDARI INVESTMENT COMPANY LIMITED, NATIONAL POLICE SERVICE, REGIONAL CORDINATOR, COAST, ATTORNEY GENERAL, COUNTY GOVERNMENT OF MOMBASA & ORIOLE INVESTMENT LIMITED

JUDGMENT OF THE COURT

[1] This appeal impugns the interim orders given on 19^th December, 2017, issued in favour of the 1^st respondent in respect of land described as LR Plot No. Subdivision No. 817 (Original No. 324/2 Section II MN) - the suit land. Even though the orders were ostensibly aimed at preserving the subject matter, the appellants are of the view that they only served to unlawfully bestow possession of the suit land upon the 1^st respondent and that by their nature, such orders should not have been granted prior to an inter parties hearing of the application. It is on that premise that the appellants have presented this appeal.

[2] The background of the matter is that the 1^st respondent moved the trial court vide a Constitutional Petition which sought declaratory as well as conservatory orders against the appellants and some 13 other individuals in respect of the suit land. In her claim, the 1^st respondent termed the appellants as trespassers and squatters who had persistently…