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JUDGMENT
This is a second appeal arising from the judgment of the Environment and Land Court (ELC) at Eldoret (A. Ombwayo, J.) dated and delivered on 11th May, 2018 in ELC Civil Appeal No. 1 of 2015.
The background to the appeal is that the appellant filed a plaint dated 13th January, 2011 in the Chief Magistrate’s Court at Eldoret averring, inter alia, that he was the registered owner of all that parcel of land Reg. No. Nandi/Kokwet/xxx measuring 5.0 acres or thereabout, (the suit property). In the year 2009, he allowed the respondent to temporarily till the said suit property but she had declined to give him vacant possession when he requested her to do so, prompting the suit in which the appellant sought orders compelling the respondent to vacate the suit property failing which she be forcefully evicted together with an attendant order for costs and any other relief that the court may deem fit to grant.
The respondent filed a defence and counterclaim admitting that indeed the appellan…