HASSAN BABAKAR OSMAN V. ARAFCO AGRICULTURAL INTERGRATION COMPANY LIMITED

JUDGMENT OF THE COURT

By a ruling delivered on 13^th May, 2016, Angote, J., allowed with costs, an application filed by the respondent whilst dismissing equally with costs, two applications filed by the appellant. The facts leading up to this state of affairs are that on 19^th November, 2015, the respondent filed suit in the Malindi Environment and Land Court (ELC) against the appellant, seeking the following orders:-

“1. A permanent injunction restraining the defendant, his agents, servants, employees and/or anyone acting under his instructions from leasing, cultivating, entering into any dealings with third parties, trespassing into it, harassing, intimidating the plaintiff’s officers, his agents, employees and/or servants and/or interfering with the suit property, title number Galana Ranch /block 1/1;

2. An order of eviction of the defendant from the suit property;

3. An order directing the area Officer Commanding Station (OCS) and the County Commander to assist the plaintiff’s officers …