RULING OF THE COURT
1. A brief history of the litigation before the Environment and Land Court (ELC) is necessary in order to put the issues urged before us into a proper context. By a plaint dated 22nd October 2020, the respondent, in her capacity as the administratrix of the estate of the late John W. Ngorongo- deceased, who was the registered proprietor of Title No. Nyandarua/Ndaragwa/247 (the property) sued the appellant accusing him of violating a written agreement dated 24th February, 2018 entered between the parties herein. The gravamen of the respondent’s claim was that the terms of the said agreement were that the applicant was to utilize the said property for the purpose of grazing his livestock for a period of one year. However, contrary to the said agreement, the applicant refused to vacate the suit property after the expiry of the agreed term despite demand. Consequently, the respondent sought the following reliefs against the applicant:
a) A declaration that the defendant’…