The court found that the plaint disclosed three causes of action, in trespass, recovery of land and breach of contract as a result of mediated settlement. Further, that the suit was brought within two years after breach of the contract.
With regard to trespass, the court found that, the appellant having entered into a settlement agreement with the respondent, showed that the respondent had ownership and control on the land and that the contract was binding on both parties.
The appellant court thus found no error in the decision of the trial magistrate.
The appeal was accordingly dismissed with costs to the respondent.