JUDGMENT OF THE COURT
In this interlocutory appeal, the appellant, Lucy Wangui Gachara is aggrieved by the ruling and order of the Environment and Land Court at Malindi, (Angote, J) dated 28th November 2014 in which the learned judge granted in favour of the respondent, Minudi Okemba Lore, an order of injunction worded as follows:
“That a temporary order of injunction be and is hereby issued restraining the defendant/respondent by herself, servants, agents and or employees from trespassing, occupying, living, continuing to live, staying and or interfering in any way with the plaintiff’s quiet possession, use, occupation, development and proprietorship of the suit property being all that piece of land known as Plot [particulars withheld] CR. No. 27990 pending the hearing and determination of this suit.”
It is common ground that as of the date the above order was issued the appellant was in actual possession and occupation of Plot [particulars withheld] CR. No. 27990 (the suit property). …