JUDGMENT
JUDGMENT OF TUIYOTT, JA
[1] The dispute giving rise to this Appeal involves two neighbours feuding over land.
[2] Aron Kibiwo Chepsiror (Chepesiror or the appellant) is the registered owner of land known as Trans Nzoia/Mitoni Mbili Settlement Scheme/23(parcel 23) measuring 7.5 hectares or thereabouts. His neighbour, Florence Chemonges (Chemonges or the Respondent) is the registered owner of land known as Trans Nzoia/Mitoni Mbili Settlement Scheme 22 (parcel 22). This parcel of land, on title, is 6.3 hectares. In a claim filed by the appellant before the High Court at Kitale (and later taken over and concluded by the Environment and Land Court(ELC)), the appellant complained that the respondent had encroached into part of his land and was in unlawful occupation of 2.722 hectares thereof. His plea to the court was that the respondent be declared a trespasser and for damages for unlawful occupation and loss of user. There was also a prayer for costs of the suit.
[3] In defence, the …