JUDGMENT
The appellant, The Kenya Power & Lighting Company Limited has in this appeal challenged the judgment of the Environment and Land Court at Mombasa (A. Omollo, J.) (ELC) dated and delivered on 21st September 2018. In that judgment, among other reliefs granted to the respondent Samuel Mwangi Mburu, the ELC: ordered the appellant to remove a power line illegally installed on the respondent’s property known as Kwale/ Ukunda/50; restrained the appellant, by permanent injunction, from interfering with the respondent’s said property; ordered the appellant to pay to the respondent Kshs. 300,000.00 as damages for trespass.
The respondent’s claim as pleaded before the ELC was that in 2003, without his knowledge or consent, the appellant constructed and installed a power line traversing his property known as Title Number Kwale/ Ukunda/50 (Plot No. 50); that despite his repeated demands to the appellant to remove the offending power line from his property, the appellant had failed or refuse…