JUDGMENT OF THE COURT
[1] This is a second appeal in litigation which originated from the Resident Magistrate’s Court at Kimilili. Obadia Micha Nyongesa (who is now the respondent), is the proprietor of a property known as Kimilili/Kimilili/4476 (the suit property). He had filed a suit against Mohammed Waswa who is now the appellant, contending that the appellant had wrongfully trespassed on to the suit property by unlawfully entering the suit property and heaping construction materials on the property with an intention of constructing thereon. He sought an order that the appellant be directed to remove the building materials from the suit property.
[2] The appellant filed a defence and counterclaim in which he denied the respondent’s claim and contended that he had heaped materials on his own plot which he purchased from one Benedicto Wanjala Sindani in 1993. He contended that the respondent had interfered with his quiet possession, and sought general damages for time lost in pursuing …