JUDGMENT OF THE COURT
Background
[1] This is a second appeal from a decision of the Environment and Land Court (ELC) (Omollo J.) sitting in Bungoma as a first appellate court. Litigation leading to this appeal was commenced in Bungoma Chief Magistrate’s Court by Felix Wafula Khaemba who is now the respondent in the appeal.
[2] The respondent had sued Patrick M Situma, who is now the appellant seeking a permanent injunction restraining the appellant from interfering with the respondent’s possession and user of 4 acres (disputed portion) out of land known as E. Bukusu/E Sang’alo/3045 (the suit property). The respondent claimed that the appellant entered the disputed portion through an oral lease agreement entered into between the respondent’s father and the appellant, pursuant to which the appellant was given the disputed portion to plant and harvest sugar cane for three rounds namely; plank, 1st Ratoon and 2nd Ratoon.
[3] After the expiry of the said agreement, the appellant was asked by t…