ROSEBELLA CHEPCHUMBA KEMBOI V. NJUGUNA MWAURA

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the Environment and Land Court (Sila Munyao, J.) granting a permanent injunction restraining the appellant from entering, utilizing land parcel title No. Ngeria/Kesses Block 5 (Bayete/38 (suit land) and an order of eviction from the said parcel of land.

[2] The respondent filed a suit against the appellant as the 1^st defendant and Simon Kemboi as the 2^nd defendant claiming, amongst other things, that he was the registered proprietor of the suit land comprising of 8 acres, the appellant and the said Simon Kemboi have since the year 2006 occupied portions of 5 acres and 3 acres respectively of the suit land; that the appellant had purchased three acres from Joseph Gitu Wariu in the adjacent land title No. Ngeria/Kesses Block 5 (Bayete)/36; that the said Simon Kemboi was the registered proprietor of land title No. Ngeria/Kesses Block 5/Yayete/37 and that the appellant and Simon Kemboi had failed to vacate the suit …