JUDGMENT
This appeal arises from the judgment of the Environment and Land Court at Eldoret (Munyao, J.) dated 31st July 2013 in which the learned judge allowed, with costs, a claim by the respondents, Jeber Monsin Ali and Chelugoi Mohsen Ali, for eviction of the appellant, James C. Boit, and his mother, Priscilla Boit, from the parcel of land known as Uasin Gishu/Sosiani/28 measuring approximately 19.5 hectares (the suit property). The learned judge also restrained the appellant from entering into the suit property.
By their plaint dated 24th February 2004, the respondents pleaded that they were the registered proprietors of the suit property, and that on or about 13th January 2004, the appellant and his mother, without any colour of right, invaded the suit property and unlawfully took possession. By way of remedy they prayed for the orders which the learned judge granted.
The appellant and his co-defendant filed an amended defence and counterclaim on 27th March 2007 in which they pleade…