JUDGMENT
David Rowland Matende, the appellant herein, was the 1st respondent in the Environment and Land Court at Nairobi, and he has preferred this appeal against the Judgment and Decree delivered by Hon. Justice Okong’o on 29th September, 2017, in ELCA 72 of 2014.
Joshua Okeyo, the respondent herein, had instituted a suit in Nairobi Milimani CMCC No.5172 of 2011, against the appellants seeking a permanent injunction restraining them from entering, using, repossessing, or interfering with his possession, occupation and ownership of Plot No.D7904 Dandora Phase 2 Area 4(the suit property) and a declaration that the respondent was the lawful owner of the suit property. In the alternative the respondent sought compensation from City Council of Nairobi, the second appellant, for the loss of the suit property at the market rate.
By an amended plaint dated 15th June, 2012, the respondent stated that on 24th December, 1987, he purchased the suit property from one Isaac Waithaka Mugo to whom the…