JUDGMENT
The appellant sued the 1st respondents before the Environment and Land Court [ELC] seeking orders for vacant possession, damages for loss of use and mesne profits from the date of the quit notice until delivery of possession of the land Kilifi/Kijipwa/96, hereinafter the suit property. The appellant was aggrieved with the 1st respondents for illegally and without any colour of rightentering into the suit property and erecting structures thereon, contending that he was the registered proprietor of the suit property.
The 1st respondents by way of a defence and counterclaim denied that the appellant was the registered proprietor of the suit property, and asserted that they and or their parents were in continuous uninterrupted possession of the suit property for 80 years with the full knowledge of the appellant. The 1st respondents averred that the suit property was their ancestral home; that they were born and brought up there, and that in 1982 or thereabouts after the community a…