JUDGMENT
Evans Muthemba Chege, the Appellant herein, filed a suit in the Environment and Land Court (ELC) against Twiga Lodge Limited, the 1st Respondent herein, and Grace Gacheke Mwai and Catherine Wangui Ngengi Muigai, the 2nd and 3rd Respondents herein, who are Administrators of the estate of Isaiah Mwangi Mathenge. His claim as stated in his Plaint dated 23rd November 2011, was that he was the registered owner of land title No. Mombasa/ M. S. /Tiwi Beach/ 62 (hereinafter “the suit property”), while the Respondents were the owners of the adjacent plot, namely Mombasa/ M. S. /Tiwi Beach 63 and ran a hotel business thereon. Further, that the Respondents without any colour of right trespassed onto his land and commenced construction of a campsite thereon. The Appellant accordingly sought an order of permanent injunction to restrain the Respondents from trespassing on the suit property.
The Respondents in response filed an Amended Defence and Counterclaim dated 19th September 2012, in wh…