JUDGMENT OF THE COURT
1. This is a second appeal against the decision of the Environment and Land Court (ELC) revolving around the tort of trespass. Yusuf Abdulahi Abdi (the 1st respondent) and Ali Salado Abdi (the 2nd respondent) jointly instituted a suit in the Chief Magistrate’s Court at Malindi being Civil Suit No. 97 of 2008 against Said Salim (deceased) whose estate is represented by Jamal Salim (the appellant). They sought inter alia:-
A permanent injunction to restrain the defendant (deceased) by himself, his agents, servants and/or employees and/or in any other manner whatsoever from trespassing into, developing and/or in any other manner interfering with the plaintiffs plot numbers TRCC/MINJILA/C/39 and TRCC/MINIJILA/C/40.
2. Their claim was premised on grounds that the 1st and 2nd respondents were the owners of Plot Nos. TRCC/MINJILA/C/39 (Plot No. 39) and TRCC/MINIJILA/C/40 (Plot No. 40) respectively vested in the County Council of Tana River (the County Council). The 1st res…