JUDGMENT OF THE COURT
[1] Litigation leading to this appeal was initiated through a plaint dated 16th December, 2003 in which James Kiterie Alfayo who is now the appellant before us sued Margaret C. Wambete who is now the respondent. The appellant who claimed to be the lawful allottee of Plot No. 38 that was previously Plot No. 80 Kitalale Settlement Scheme, sought a declaration that he is the rightful allottee of Plot No. 38 Kitalale Settlement Scheme; and permanent injunctive orders restraining the respondent from trespassing onto or disturbing the appellant’s peaceful occupation of Plot No. 38 previously Plot No. 80 Kitalale Settlement Scheme Phase I.
[2] By an amended defence and counter-claim amended on 20th April, 2005, the respondent denied the appellant’s claim and maintained that she is the sole bona fide allottee of Plot No. 38 Kitalale Settlement Scheme having been issued with a letter on 18th August, 2000; that she had taken possession of the plot, but the appellant has cont…