RULING OF THE COURT
1. By a constitutional petition dated 10th March 2011, the respondent company, Torino Enterprises Limited filed suit against the applicant claiming that on 26th April 2001, by way of transfer from Renton Company Limited, it acquired all that parcel of land known as LR No. 22524 Grant No. IR 85966 measuring 83.910 Hectares for a term of 99 years with effect from the year 2000. The respondent contends that on or about the year 2005, the Department of Defence comprising the Armed Forces encroached on the suit property and fenced off a total of 90 acres. On its part, the Department of Defence, through the applicant, asserts that the suit property has at all material times been public land and the Armed Forces have neither trespassed thereon nor is the Department liable to pay any compensation to the respondent company.
2. Upon hearing the parties, the trial court delivered its judgment on 4th July 2011 wherein the court ordered the Department of Defence to restore posses…