<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. This is an appeal against the judgment of Okong’o, J. delivered on 28^th March 2014 in Kisii HCCC No. 305 of 2010. In that judgment, the learned Judge granted the respondent a perpetual injunction restraining the appellant from further damaging the respondent’s building on Plot No. 29. The facts of the case are fairly straightforward and not in dispute.</p><p class="ql-align-justify">2. The appellant is the owner of the piece of land situate in Kisii Municipality and known as Plot No. 28 Nyanchwa Phase I Site and Service Scheme (Plot No. 28). On the other hand the respondent is the owner of the piece of land situate in Kisii Municipality and known as Plot No. 29 Nyanchwa Phase I Site and Service Scheme (Plot No. 29). The two pieces of land are contiguous and equal in size. Each measures 23.5 metres in length by 8.33 metres in width. They were separately allocated to the parties by the Kisii Municipal Council (the Council). At the time of allocating it to the respondent, Plot No. 29 had a build…</p>