JUDGMENT OF J. MOHAMMED, JA
Background
1. James Theuri Wambugu (the respondent) sued Mellen Mbera (the appellant) in the Land and Environment Court (ELC) at Kisii claiming to be registered owner of the property known as Transmara/Ololchani/863 (the suit property), having been so registered through a land adjudication process in the Ololchani section.
2. The respondent filed a plaint dated 2nd July, 2012 and claimed that in the month of March 2010, the appellant herein encroached onto that property and started to erect structures which resulted in the respondent being denied access and enjoyment of his property. The respondent complained to the area chief and thereafter to Kilgoris Police Station which resulted in the appellant being charged with the offence of forcible detainer in Kilgoris Principal Magistrate’s Court Criminal Case Number No 263 of 2010. The appellant was found guilty of the offence and convicted. The respondent therefore filed the suit urging the court to order the appe…