In addition, Cordisons International Ltd, which enjoys support of the County government of Lamu, has also asked the court to quash development plans published in gazette notices on the disputed land.
“We pray for orders to quash part of the development plan dated July 26, 2016 and published in Gazette notice number 6454 on August 12, 2016 by AK Masinde for director of physical planning,” states part of the application.
In the affidavit, Prof Swazuri has also questioned why Cordisons demands 11,000 acres for the project, while Kenwind, which has met all the requirements, only need slightly more than 3,000 hectares.
Prof Swazuri had argued that Kenwind came in just about two years ago after Cordisons International Ltd and it has already obtained the necessary approvals from the national government.
On Monday, Kenwind Holdings Limited filed preliminary objections through their lawyers Kiarie Kariuki and Mr William Mogaka, arguing that the court lacks jurisdiction to listen to the case transferred from another court in Mombasa without jurisdiction.
Mr Mogaka argued that the court had no jurisdiction to handle proceedings on matters touching on land planning and ownership and therefore ought to be dismissed with costs of the suit.
At the same time, the judge also enjoined 39 residents of Baharini in Mpeketoni, Lamu West Sub-County as interested parties to challenge Cordisons International Kenya Limited, who claim to have been given all approvals to implement the project in the area.
The case will be heard on April 11.