Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedELC Case No. 1 of 2011· [2019] KEELC 259 (KLR)

Kida Trading and Services Limited v Supplies and Services Limited & 3 others [2019] KEELC 259 (KLR)

Environment and Land Court
13 December 2019
KBK. BOR
1,944 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

A company claiming ownership of demolished Embakasi land lost everything because it couldn't prove title or document its damages with receipts.

What this practically means

#

Executive summary

#
Kida Trading and Services Limited sued Supplies and Services Limited, Siuma Traders, the Attorney General and the Inspector General of Police, claiming the Government allocated it three parcels in Embakasi by letters of allotment dated 14 March 1996, which it subdivided and allocated to members who developed them. It alleged that on 12 and 13 December 2010 the Defendants, with police and machinery, demolished the structures without notice, destroying property whose loss it particularised at over Kshs. 187 million, and that the 1st Defendant fenced off the land. It sought eviction of the Defendants, hand-over of the property and damages. The 1st Defendant denied the claim, saying the land belonged to Kensalt Limited, its sister company, and that it had no control over police. The 3rd and 4th Defendants denied wrongdoing. The Plaintiff called three witnesses; the Defendants called none. The court found that the letters of allotment related to unsurveyed industrial plots and did not indicate the land reference numbers claimed; there was no evidence of survey, change of user from industrial to residential or commercial, approval of the structures, subdivision, or issuance of titles. Special damages was not proved: the witness had no receipts, and the quantity surveyor prepared his 2014 report without visiting the property. Holding that the Plaintiff failed to prove ownership of the parcels, the court dismissed the entire suit with no orders as to costs on 13 December 2019.

Key legal issues

#
01

Whether the Plaintiff proved proprietary interest in the suit parcels

Holding

The Plaintiff failed to prove ownership; allotment letters for unsurveyed industrial plots were not linked to the L.R. numbers claimed, there was no change of user, no approval of development and no titles issued

Reasoning

The letters of allotment did not indicate the land reference numbers the Plaintiff claimed. No evidence showed the unsurveyed industrial plots were surveyed into the claimed numbers. There was no change of user from industrial to residential or commercial, no approved building plans, and no titles. Certified copies of survey plans could have been obtained from the survey department even if originals were destroyed.

p. 2
02

Whether the Plaintiff proved special damages for the demolition

Holding

Special damages was not proved; the witness lacked receipts, and the quantity surveyor's report was prepared without visiting the property

Reasoning

The witness confirmed the Plaintiff had no receipts to support the claim for special damages, explaining they were destroyed in the demolition. The quantity surveyor prepared estimates in 2014 without visiting the property, based on drawings supplied, and could not confirm the costs were incurred. Claims for loss of income and personal effects were likewise unsupported by evidence.

Legal principles established

#
  • A party claiming title to land must prove how unsurveyed allotments were surveyed and converted into the specific land reference numbers claimed, including change of user and lawful subdivision

Court orders

#
  1. 1.Suit dismissed
  2. 2.No orders as to costs
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kida Trading and Services Limited v Supplies and Services Limited & 3 others [2019] KEELC 259 (KLR)", Case Analysis (2019). ELC Case No. 1 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/259/eng@2019-12-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.