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ELCPartially AllowedELC Case (Nairobi) – Plaint dated 12th September 2017, amended 1st July 2019· [2025] KEELC 1226 (KLR)

Cybele Limited v Njau & another (Environment and Land Case Civil Suit 374 of 2017) [2025] KEELC 1226 (KLR)

Environment and Land Court
12 March 2025
3,724 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court upheld a private company's title to land used by local youth as a football pitch and ordered the youth and their representatives evicted.

What this practically means

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Executive summary

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Cybele Limited, the registered proprietor of LR No. 26699/22 IR 129168 (Mavoko), sued the Defendants for injunction, eviction, damages, interest and costs after its fence was dismantled and football goal posts erected on the land. The Defendants contended the land was a public utility plot surrendered by Numerical Machining Complex Limited to the Commissioner of Lands, reserved for a public secondary school, and relied on a 2011 taskforce report recommending government reclamation. The court framed four issues: whether the land is public land; whether the Plaintiff legally acquired it; whether trespass occurred; and entitlement to the orders sought. Expert testimony established that the land was surrendered on 4th February 2008 and became available for allocation; the Commissioner of Lands allotted it to the Plaintiff in March 2008, issuing a 99-year Grant registered in 2011, subject to educational use, which the Plaintiff honoured by running Mt. Olive Academy. A National Land Commission investigation letter of 16th February 2018 found the allocation legal and dismissed a complaint over it; the court held that a taskforce report cannot supersede the NLC's findings, and that the handwritten 'secondary school' note on the Deed Plan was not authentic. Applying section 26(1) of the Land Registration Act and Munyu Maina v Hiram Gathiha Maina, the court found the Plaintiff explained its root of title and held a valid title, the Defendants having failed to prove fraud. On the trespass issue, applying the definition in Clerk & Lindsell and Municipal Council of Eldoret v Titus Gatitu Njau, the court found trespass proved. Judgment was entered for the Plaintiff with injunction, eviction and costs; damages and interest were not included in the final orders. Judgment was delivered virtually at Nairobi on 12th March 2025 by Christine Ochieng, Judge.

Key legal issues

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01

Whether the suit land is public land reserved for a public secondary school

Holding

The court found the land was not proven to be strictly reserved for a public school; the handwritten note 'secondary school' on the Deed Plan was not authentic, and the land was available for allocation once surrendered in 2008

Reasoning

The court noted that Numerical Machining Complex Limited surrendered the land on 4th February 2008, making it available for allocation. The NLC's Principal Land Administration Officer confirmed that the allocation by the Commissioner of Lands was legal so long as the land was used for educational purposes, and that the handwritten 'secondary school' note on the Deed Plan was not authentic. The Defendants failed to produce an approved subdivision scheme proving the land was reserved exclusively for a public school.

p. 6
02

Whether the Plaintiff legally acquired the suit land and holds a valid title

Holding

The Plaintiff explained its root of title: application in March 2008, letter of allotment dated 17th March 2008, payment, Grant issued 28th January 2011 and registered 2nd March 2011, with development of a school per the prescribed educational user

Reasoning

Relying on the NLC investigation letter of 16th February 2018, the court found the Plaintiff adhered to all requisite steps in acquisition. The burden lay on the Defendants to prove fraudulent acquisition, which they failed to discharge. The NLC had investigated a complaint over the allotment and dismissed it, and a taskforce report could not supersede the NLC's findings. The court upheld the Plaintiff's title.

p. 7
03

Whether the Defendants trespassed on the suit land

Holding

Trespass established; the Defendants admitted entry and erecting football goal posts, and DW1 confirmed entry and youth playing soccer

Reasoning

The court adopted the definition of trespass as any intrusion on land in the possession of another without justifiable cause, and the requirement that a plaintiff prove a right to immediate and exclusive possession. Since the Plaintiff was found to be the lawful registered proprietor, and DW1 admitted entry and erection of goal posts, trespass was fully demonstrated.

p. 7

Legal principles established

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  • A taskforce report cannot supersede the findings of the National Land Commission, which is mandated to manage and allocate public land
  • A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on grounds of fraud, misrepresentation, or illegal/unprocedural/corrupt acquisition
  • A registered proprietor whose root of title is under challenge must go beyond the title instrument and prove the legality of acquisition
  • Trespass is an intrusion on land in the possession of another without justifiable cause, and requires proof of a right to immediate and exclusive possession

Court orders

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  1. 1.An order of injunction restraining the Defendants, their servants, workmen and agents, from entering on and/or from erecting or causing to be erected thereon any structures, or from in any way interfering with the Plaintiff's use and enjoyment of LR No. 26699/22 IR No. 129168
  2. 2.An order of eviction evicting the Defendants or their agents from LR No. 26699/22 IR No. 129168
  3. 3.Costs of the suit awarded to the Plaintiff

Authorities

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Legislation

  • Land Registration ActSection 26(1)
  • Registration of Titles ActIndefeasibility of title (not a specific section cited)
  • Gazette Notice No. 8467Appointment of the Taskforce on Irregular Appropriation of Public Land and the Squatter Problem in the Athi River District, 22nd July 2011

Cases cited (9)

  • Dina Management Limited v County Government of Mombasa & 5 Others
    Petition No. 8 (E010) of 2021
  • Rhoda S Kiilu v Jiangxi Water and Hydropower Construction Kenya Limited
    [2009] eKLR
  • Sigona Jua Kali Association v County Government of Kiambu & Others
    [2019] eKLR
  • Kenya Anti-Corruption Commission v Online Enterprise's Limited & 4 Others
    [2019] eKLR
  • Munyu Maina v Hiram Gathiha Maina
    [2013] eKLR
  • Dr. Joseph Arap Ngok v Justice Moijo Ole Keiwua & 5 Others
    Nai. Civil Appeal No. 60 of 1997
  • Municipal Council of Eldoret v Titus Gatitu Njau
    [2020] eKLR
  • M'Mukanya v M'Mbijiwe
    (1984) KLR 761
  • Thomson v Ward
    (1953) 2 QB 153
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (not expressly invoked in the judgment; suit by plaint under the Civil Procedure and Land Registration regimes)

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, "Cybele Limited v Njau & another (Environment and Land Case Civil Suit 374 of 2017) [2025] KEELC 1226 (KLR)", Case Analysis (2025). ELC Case (Nairobi) – Plaint dated 12th September 2017, amended 1st July 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1226/eng@2025-03-12

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