JUDGMENT OF THE COURT
[1] This is an appeal arising from the judgment of the Environment and Land Court (Sila Munyao J), delivered in two suits that were consolidated. The first suit was ELC No.795 of 2012 filed by the appellant Hellen Tum (herein Hellen) against the 1st respondent Jepkoech Tapkili Metto (herein Jepkoech) and the 2nd respondent Johana Kipkemei Too (herein Johana). The second suit was ELC No.975 of 2012 that was filed by Johana against Hellen. Both suits were originally filed in the High Court of Kenya at Eldoret but were subsequently transferred to the Environment and Land Court where they were consolidated.
[2] The two suits were preceded by an earlier suit, Eldoret HCCC No. 25 of 2005 in which Jepkoech had sued Hellen and 4 others seeking to have them evicted from land parcel known as Nandi/Kilibwoni/1023 (the suit property), on the ground that Hellen was a trespasser as her license to remain on the land had been withdrawn and or revoked. An interlocutory order of inj…