COAST HEIGHT PROPERTIES LTD VS County Government of Mombasa AND THE COUNTY DIRECTOR OF PHYSICAL AND LAND USE PLANNING MOMBASA COUNTY GOVERNMENT AND 3 Others

'I have considered the applicant''s application dated 21 October 2025, filed under a certificate of urgency of even date. Upon perusal of the material before me, I am of the view that it may be necessary for the court to interrogate the evidence in support of the applicant''s claim, by way of cross-examination. The dispute basically relates to the use of land, and therefore, the proper court to dispose of the matter would be the Environment and Land Court. But I am prepared to be persuaded otherwise. For this reason, I will not grant leave at this stage. I direct that the application be served for the parties'' argument on this point. The application shall be heard on  12 November 2025. It is so ordered. '