JUDGMENT OF THE COURT
In this appeal, the appellant seeks to set aside the judgment of the High Court which found that, he had failed to establish his claim of ownership over the entire property known as Parcel No. East Karachuonyo/Kobuya/1494, being the subdivided portion of Parcel No. 542 measuring 0.35 hectares (“the disputed land”).
The appellant’s complaint was that sometime in January 2012 the respondent entered upon, and proceeded to cultivate the disputed land without his authority or consent. As a result, he claimed that he was deprived of the use and enjoyment of his land, which had occasioned him loss and suffering. He therefore sought a declaration that he was the lawful and registered owned of the disputed land, and a permanent injunction to restrain the respondent from entering or trespassing on the disputed land to cultivate plant or build structures on it in or on any portion. He also sought general damages for trespass.
The respondent denied the appellant’s claims and in…