JUDGMENT OF THE COURT
The respondent Hamco (K) Ltd. filed suit on the 29th day of June 2009 seeking protection of its proprietary rights over land parcel number LR No. 498/533 IR No.66949/1 Eldama Ravine (suit land). They alleged that the appellant, Jackson K. Ruto, had encroached on the suit land.
Simultaneously with the filing of the plaint the respondent filed a chamber summons seeking to restrain the appellant from continuing with his acts of trespass on the suit land pending the hearing of the suit. The averments in the plaint were briefly that the appellant was on 29thMay,2009 found to have deposited building materials and engaged workers to carry out construction work on the suit land. The application expounded on those averments in a supporting affidavit but was opposed by a replying affidavit deposed by the appellant. On the 29th September, 2009 a consent was reached between the parties that the said application be disposed of by way of written submissions. These were duly file…