JUDGMENT OF THE COURT
The respondent filed suit against the appellant seeking his eviction from all that parcel of land known as LR No. West Kitutu/Bogeka/1769 (the suit property) and an injunction to restrain the appellant from continuing with construction of a building thereon. In the Plaint, the respondent averred that he was the absolute registered owner of the suit property and, the appellant, without any authority or consent from him, entered thereon and commenced construction of a permanent building.
In response, the appellant filed a Defence and a Counter-Claim against the respondent. Even though he admitted that the respondent was the registered owner of the suit property, the appellant contented that the title had been acquired fraudulently, without his knowledge and his family. In the Counter-Claim, the appellant claimed that he was at all material times in physical possession of the suit property. He acknowledged that the respondent purchased a property from his parents. How…