JUDGMENT OF THE COURT
In a plaint filed at the Environment and Land Court (“ELC”) at Kisii the respondent Ochora Birundu and James Ogachi, sued the appellant, John Olorashar ole Ngiru, in a dispute over ownership of a parcel of land title Transmara/Moita/148 (“the suit land”). They claimed that they had purchased the suit land and were registered as proprietors of the same but that the appellant had wrongfully taken possession and trespassed on the same in or about 2006 and they prayed for an order that they possess the suit land and they be paid mesne profits at the rate of Kshs.10,000 per acre per annum from January, 2006.
The appellant filed a statement of defence where he admitted that the suit land was registered in favour of the respondents. He conceded that the suit land was hitherto part of parcel number 27, Moita Adjudication Section which, after demarcation, was registered in his name; that while he served time in jail the respondents colluded with land adjudication officers w…