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ELCDismissed· [2025] KEELC 17 (KLR)

Mwabeja Clan Welfare Registered Trustees v Jira & 5 others (Environment & Land Case E93 of 2021) [2025] KEELC 17 (KLR)

Environment and Land Court
16 January 2025
MNMwangi Njoroge
1,218 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A clan trust lost its land claim because it couldn't prove with maps or expert evidence that the disputed parcel fell within its boundaries.

What this practically means

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Executive summary

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The plaintiff, Mwabeja Clan Welfare Trust, claiming beneficial ownership of clan land by virtue of an award by the Kaloleni Land Disputes Tribunal adopted in Mombasa CMCC No 1 of 2012, sued six defendants. It alleged that land measuring approximately 44 acres (LR No 32362, F/R 471/22) fronting the Mombasa-Nairobi highway had been alienated and registered to the 1st, 2nd and 3rd defendants through fraud, illegality, corruption and unprocedural dealings. It sought a declaration that the title was a nullity, an order reverting the land to it, damages at market rates, a permanent injunction, inhibition of the register, costs and interest. The 4th, 5th and 6th defendants denied the claim and the alleged fraud; the 2nd defendant averred he acquired title rightfully through the Tsangwa family and denied the plaintiff owned 2008 acres. At the hearing before the Environment and Land Court at Malindi, the plaintiff called three witnesses; the defendants called no evidence. The court framed two issues: whether LR No 32362 forms part of the plaintiff's land, and what orders should issue. It found that PW1, who was not an expert, produced no maps or plans proving that the suit parcel fell within the land awarded by the Tribunal, and admitted the Tribunal never established the boundaries of the awarded land. Without firm boundaries, the court could not conclude that any named portion was carved out of the plaintiff's land. The claim was not proved on a balance of probabilities and the suit was dismissed with costs on 16 January 2025.

Key legal issues

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01

Whether LR No 32362 is part of the land owned by the plaintiff by virtue of the Kaloleni Land Disputes Tribunal award

Holding

The plaintiff failed to prove that LR No 32362 fell within the boundaries of the land awarded to it

Reasoning

The only substantive witness, PW1, was not an expert and did not attach any maps or plans showing that LR No 32362 falls within the boundaries of the land awarded by the Tribunal. He further admitted the Tribunal was not shown the boundaries of the suit land, a serious omission leaving the court without any basis to conclude that any named portion was carved out of the plaintiff's land.

p. 3
02

What orders should issue

Holding

Dismissal of the suit with costs

Reasoning

Having found the plaintiff had not established its claim on a balance of probabilities, the court dismissed the suit and awarded costs to the defendants. The defendants did not call evidence, but the burden remained on the plaintiff throughout to prove its claim.

Legal principles established

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  • A party claiming that a title was carved out of its land must adduce evidence, including maps, plans or expert evidence, firmly establishing the boundaries of its land before a court can find that a named portion was carved therefrom
  • A civil claim must be proved on a balance of probabilities

Court orders

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  1. 1.The plaintiff's suit is dismissed
  2. 2.Costs of the suit awarded to the defendants
Jurisdiction invoked
Original civil suit before the Environment and Land Court (specific provision not stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mwabeja Clan Welfare Registered Trustees v Jira & 5 others (Environment & Land Case E93 of 2021) [2025] KEELC 17 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/17/eng@2025-01-16

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