NUH ABDILLE HASSAN V. HALIMA MAHMOOD ALI; AMAL PLAZA LIMITED, CENTRE STAR LIMITED & HUSSEIN HASSAN BOOD (INTERESTED PARTIES)

JUDGMENT OF THE COURT

[1] The first appeal, that is, Civil Appeal No. 297 of 2018 is against the ex parte order of the Environment and Land Court (ELC) made by S. Okongo, J. on 7^th March, 2018. The second appeal, that is, Civil Appeal No. 312 of 2018 is also against the order of ELC made by K. Bor, J. in the same suit on 14^th March, 2018 essentially extending the aforesaid ex parte orders made by Okongo, J. The two appeals were heard one immediately after the other. It is expedient to determine the two appeals together and this judgment therefore relates to both.

[2] On 22^nd December, 2017, Halima Mahmood Ali (Halima) filed a suit against Amal Plaza Limited (Amal). She averred that she was the beneficial and equitable owner of Plot No. 36/46/VII Eastleigh registered in the name of Hawa Hassan Mohamud (suit property), and that on 20^th December, 2012 Amal without permission or justification blocked access to her property causing loss and damage to her tenants. She sought a permanent injun…