JUDGMENT OF THE COURT
The respondent herein JULIUS NGIGI MUNJUGA filed a plaint dated 17th June 2013 at the Environment and Land Court at Kerugoya. The Chairman, Board of Governors, MURANG’A COLLEGE OF TECHNOLOGY PRIMARY SCHOOL, the appellant herein was named as the defendant. The respondent’s claim was that he was the rightful registered owner of all that parcel of land known as MURANG’A MUNICIPALITY/BLOCK 11/257 (hereinafter ‘the suit property’). In paragraph 5 of the plaint he averred that ‘In the year 2011, the plaintiff visited his above said land and discovered that the defendant has illegally encroached onto the suit property to the detriment of the rights and interest of the plaintiff’
The respondent sought the following orders:
“(a) An order directed at the defendant to remove all fencing around or across the plaintiff’s property and to forthwith cease from any or further encroachment upon the plaintiff’s property being MURANG’A MUNICIPALITY/BLOCK 11/257.
(b) A permanent injuncti…