JUDGMENT OF THE COURT
The respondent instituted a suit against the appellant vide a plaint dated 18th December, 2014, in the Land and Environmental Court at Malindi. The subject matter of the suit was a parcel of land situate in Kilifi County measuring 173.7 hectares or thereabouts and known as Plot Number MN/III/291/2 “the suit land”. The respondent’s main prayer in the plaint was for an order of permanent injunction to restrain the appellant or its agents from demolishing a perimeter wall built around the suit land or interfering with the construction of the said wall or trespassing on or dealing with the suit land in any manner. The respondent also sought a declaratory order to the effect that the appellant’s act of demolishing the perimeter wall was illegal.
The plaint was filed contemporaneously with a notice of motion invoking order 40 rule 1 and 10 of the Civil Procedure Rules and Sections 1A, 1B, 3A and 63 (e) of the Civil Procedure Act. By that application, the respondent sough…