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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 870 (KLR)

Sacapheso International Limited v Eversweet Bakery Limited & another (Environment & Land Case 439 of 2013) [2025] KEELC 870 (KLR)

Environment and Land Court
27 February 2025
1,348 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court cancelled a company's land title after finding it was built on forged documents, and handed the property to the rival owner who proved hers properly.

What this practically means

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Executive summary

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Sacapheso International Limited sued Eversweet Bakery Limited claiming to be the rightful proprietor of Kisii Municipality/Block III/289, asserting a transfer into its name on 17 December 2010, and sought a declaration of ownership, a permanent injunction, general damages for trespass, interest and costs. Eversweet Bakery Limited, by an amended defence and counterclaim which joined the National Land Commission as 2nd defendant, asserted that it purchased the land from Henry Nyangechi Nyanchoka in 2006 and that the plaintiff's title was procured by fraud through collusion with lands officers, its root being documents forged by Samuel Kenani Omwando, the plaintiff's predecessor and director. At the hearing, the plaintiff did not attend or adduce evidence despite an adjournment application being denied. The defendant called two witnesses who traced her title to an allotment letter of 16 January 1987, payment of stand premium, a lease and Certificate of Lease of December 1987, and a Certificate of Lease of 8 June 2006. The defendant also produced the judgment in Kisii Chief Magistrates' Court Criminal Case No. 1056 of 2014, in which Omwando was convicted on 23 January 2020 for forging the allotment letter, receipt and lease forming the root of the plaintiff's title. The court found the defendant held the better title, dismissed the plaintiff's case, allowed the counterclaim, cancelled the plaintiff's title, ordered reconstruction of the register in favour of the defendant, and issued a permanent injunction against the plaintiff. General damages and mesne profits were refused for want of evidence. Costs were awarded to the defendant against the plaintiff in the main suit and jointly and/or severally against both counterclaim defendants.

Key legal issues

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01

Competing titles to the same land

Holding

The defendant's title, traced to an allotment letter of 16 January 1987 and a Certificate of Lease of 1987/2006, is the better title; the plaintiff's case was dismissed.

Reasoning

The defendant produced an allotment letter in the name of Mr Nyanchoka dated 16 January 1987, a receipt for the stand premium, a search verifying registration on 21 December 1987, and a Certificate of Lease issued to the defendant on 8 June 2006 following the 2006 purchase. The plaintiff tendered no evidence and did not attend court to contest these documents, so the court had no reason to doubt them.

p. 2
02

Fraud and forged root of title

Holding

The root of the plaintiff's title was found, in a criminal case, to be forged, undermining the plaintiff's claim to be the rightful proprietor.

Reasoning

The defendant produced the judgment in Kisii Chief Magistrates' Court Criminal Case No. 1056 of 2014, Republic vs Samuel Kinani Omwando, in which the plaintiff's predecessor was convicted on 23 January 2020 for forging an allotment letter, a receipt and a lease in the name of Nikora Isaboke Kingara. Since the original lease underpinning the plaintiff's title was found to be a forgery, and the plaintiff adduced no evidence, the plaintiff's title could not stand.

p. 3
03

Damages for trespass and mesne profits

Holding

No award of general damages or mesne profits was made for want of evidence.

Reasoning

Although the counterclaim sought general damages for trespass and loss of user, the defendant led no evidence quantifying the trespass committed by the plaintiff or the mesne profits lost. In the absence of such proof, the court declined to make any award, granting instead declaratory, cancellation and injunctive relief.

p. 3

Legal principles established

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  • A party who alleges a better title must attend court and prove it; where the root of a competing title is found to be a forgery and the holder of that title adduces no evidence, the other competing title prevails

Court orders

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  1. 1.Dismissal of the plaintiff's case
  2. 2.Declaration that as between the two competing titles, the title of Eversweet Bakery Limited is the better title
  3. 3.Cancellation of the title of Sacapheso International Limited for the suit property
  4. 4.Order to the Land Registrar to cancel all registers purporting to show Sacapheso International Limited as proprietor of the suit land and not to enter any dealings in such registers
  5. 5.Direction to the Land Registrar, Kisii, to reconstruct the records using those of the defendant and open a leasehold register indicating the defendant as proprietor
  6. 6.Permanent injunction restraining the plaintiff from entering, being upon, or interfering with possession of the suit property
  7. 7.Permanent restraint on the plaintiff entering into any sale, charge, lease or other dealing in respect of the suit property
  8. 8.Costs of the main suit to the defendant against the plaintiff, and costs of the counterclaim jointly and/or severally against both defendants in the counterclaim
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to title to land (Environment and Land Court Act); no specific constitutional provision cited 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, "Sacapheso International Limited v Eversweet Bakery Limited & another (Environment & Land Case 439 of 2013) [2025] KEELC 870 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/870/eng@2025-02-27

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