DANIEL MUCHANGA NYUKURI V. RICHARD KIPROTICH KENDUYWO

JUDGMENT OF THE COURT

Background

1) This is a first appeal from the judgment of the Environment and Land Court at Kitale in Environment and Land Case No. 59 of 2013. Richard Kiprotich (the respondent) had instituted the suit in the Environment and Land Court (ELC) vide a plaint dated 17^th May 2013 seeking orders for, inter alia, eviction of David Muchanga Nyukuri (the appellant) from plot no 2964 Tuwan Farm and orders restraining the appellant from interfering in any manner with plot nos. 2963 and 2964 Tuwan Farm Limited.

2) Vide its Statement of Defence filed on 2^nd July 2013, the appellant contended that he had legally acquired Plot nos. 2963 and 2964 and that accordingly, the respondent was not entitled to the eviction orders it sought against him. After considering the evidence of both parties, the ELC delivered a judgment in favour of the respondent and issued an eviction order directing the appellant to vacate plot No 2964 and to stop interfering with plot no 2963. Aggrieved by thi…