JUDGMENT
This appeal arises from a suit which was filed in the Environment and Land Court (ELC), by the respondent, the Board of Governors Consolata Hospital Nkubu (the Board), against the appellant Lawrence Mungiiria (Mungiiria), seeking an order of permanent injunction, restraining Mungiiria by himself, his servants or agents from entering, trespassing, occupying, taking possession, remaining in possession, or in any way interfering with the quiet possession, occupation and use of land parcel No. Nkuene/Taita/559 (suit property) by Consolata Hospital Nkubu (the Hospital), general damages for trespass and mesne profits. The Board claimed to be the registered and beneficial owner of the suit property, and contended that Mungiiria had without any colour of right, trespassed on to the suit property and blocked the entrance, thereby denying the Board access to the suit property.
Mungiiria filed a defence and counterclaim in which he denied the Board’s claim, and maintained that he entered …