JUDGMENT OF THE COURT
The appellant, Chevron (K) Ltd which, before its change of name, was known as Caltex Oil (K) Ltd and which was subsequently bought by Total (K) Ltd, was by stand premium of Kshs. 150,000 granted a lease of MALINDI LR. PORTION NO. 8897 (the suit premises) for a term of 99 years from 1st May 1994.
The appellant instituted a suit in the Malindi Environment and Land Court, being Civil Case No. 29 of 2008 against the respondent, Harrison Charo wa Shutu claiming that the latter had unlawfully trespassed on the suit premises and praying that he, his servants or agents be compelled by an order of mandatory injunction to demolish all permanent and temporary structures on the suit premises and to cart away the debris and that they further be restrained by a permanent injunction from trespassing, dealing, occupying or in any way interfering with the appellant’s indefeasible right over the suit premises. Contemporaneous with the suit the appellant took out a notice of motion f…