JUDGMENT OF THE COURT
1. The genesis of this appeal is a boundary dispute between the appellant and the respondent. The respondent, who is the Managing Director of Digitel Communication Systems Ltd, filed a suit in the High Court at Malindi, stating that the said company is the registered proprietor of two parcels of land known as L.R. No. Kilifi/Jimba 1138 and 1139 originally sub-divided from Plot No. Kilifi/Jimba 380.
2. The appellant, Patrick Okeeff, is the registered proprietor of two parcels of land namely, LR No. Kilifi/Jimba 1189/1190 originally sub-divided from Plot No. Kilifi/Jimba/397.
3. The respondent stated that there was a boundary dispute between himself and the appellant over their respective parcels of land. The dispute had lasted more than eleven years. He alleged that the appellant had encroached into his property (actually registered in the name of Digitel Communications Systems Ltd) by about 62 metres.
4. The respondent sought a permanent injunction to restrain the ap…