JUDGMENT OF THE COURT
By a plaint dated 21st December, 2009, the appellant, Mohamud Mohamed Mohamud, brought action against the respondent, Athi Water Services Board, in the High Court at Nairobi, seeking mainly a declaratory order and orders of injunction. The appellant claimed that he is the registered proprietor of LR No. 11927/3 (herein-after “the suit land”) since August 2008, and was in possession thereof since then until 17th December, 2009, when an entity called Basil Drilling Limited (hereinafter “Basil”) broke onto the suit land and commenced work of drilling a borehole thereon. When breaking onto the suit land, the appellant claims, Basil’s agents demolished part of the wall surrounding the same.
On 18th December, 2009, the appellant alleges that Basil’s agents informed him that they had been hired to drill the borehole by the respondent. The respondent did not stop its acts which the appellant considered acts of wastage thus provoking the suit before the High Court.
Filed wit…