JUDGMENT
JUDGMENT OF J. NGUGI, JA
This appeal arises from the judgment and orders of the Environment and Land Court (ELC) (Ong’ondo, J) dated September 25, 2018. Nelson Nyamache Obuba (“the Appellant”), was the Plaintiff in the suit. By a plaint dated April 20, 2011 and amended by consent on May 15, 2013, the Appellant sought the following reliefs: -
a. A permanent injunction restraining the defendant (Respondent), his family members, servants and/or agents from invading/trespassing into Land Title Number BUKIRA/BUHIRIMONONO/577 owned by the plaintiff (Appellant) herein with the aim of chasing away his (plaintiff’s) workers, servants and family members.
b. A mandatory order directed at the Officer Commanding Isibania Police Station to criminally prosecute the defendant (Respondent), his agents, family members and/or servants the moment he continues to unnecessarily interfere with the plaintiff’s (Appellant’s) peaceful occupation and utilization of his parcel of land known as BUKIRA/BUHIRI…