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ELCPartially AllowedELC Case (Kakamega), plaint dated 1st March 2022· [2025] KEELC 3096 (KLR)

Honam Holdings Limited v Maithya & 2 others (Environment & Land Case E013 of 2022) [2025] KEELC 3096 (KLR)

Environment and Land Court
2 April 2025
ANA. Nyukuri
2,855 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~11 min to read original · ~4 min brief

The bottom line

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A registered landowner in Kenya won her land back, an eviction order, and Kshs. 10 million in damages because no one rebutted her title.

What this practically means

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Executive summary

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The plaintiff, a company registered as proprietor of L.R No. 12610/17 (original number 12610/3/14) in Machakos County measuring about 11.59 hectares, sued seeking declarations of exclusive possession, an injunction, eviction, and general damages for trespass. It traced title through its director Mungai Ngaruiya, who purchased the land from National Bank of Kenya in 2005 and transferred it to the plaintiff in 2020. The plaintiff alleged that the defendants, in collusion, invaded, subdivided and constructed on the land despite the 2nd defendant's conviction for forcible detainer. The defendants filed a defence and preliminary objection alleging res judicata based on ELC Case No. 986 of 2014; the objection was dismissed on 30th July 2024. At trial the plaintiff's director testified; the defence closed without calling evidence. The court framed two issues: whether the plaintiff is the lawful proprietor, and whether the defendants trespassed. Applying sections 24, 25 and 26 of the Land Registration Act, it held the plaintiff's title conclusive and unrebutted, found the defendants' occupation unlawful trespass, and awarded a permanent injunction, declarations, eviction within ninety days with police security in default, and general damages of Kshs. 10,000,000/= with interest. It declined the Kshs. 180,000,000/= quantum urged in submissions because valuation was not pleaded, holding submissions cannot substitute for pleadings and evidence. Costs were awarded to the plaintiff. Judgment delivered virtually at Kakamega on 2nd April 2025 by A. Nyukuri, Judge.

Key legal issues

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01

Whether the plaintiff is the lawful proprietor of the suit property

Holding

Yes; the plaintiff proved lawful proprietorship through title, search certificate, sale agreement and transfer, unrebutted by any defence evidence

Reasoning

Section 26 of the Land Registration Act makes a certificate of title prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud or misrepresentation or illegal/unprocedural/corrupt acquisition. The plaintiff traced its title from its director's 2005 purchase from National Bank of Kenya and 2020 transfer. The defendants called no evidence, so the plaintiff's proof stood unchallenged.

p. 4
02

Whether the defendants trespassed on the suit property

Holding

Yes; their presence and construction on the land without any proprietary interest amounts to trespass, entitling the plaintiff to a permanent injunction and eviction

Reasoning

Sections 24 and 25 of the Land Registration Act vest absolute ownership and protection in a registered proprietor. Photographs showed the defendants had constructed and subdivided the land; the 2nd defendant's conviction for forcible detainer was upheld on appeal. Having no proprietary interest, their presence was unlawful and without justification, warranting injunction and eviction.

p. 5
03

Quantum of general damages for trespass

Holding

Kshs. 10,000,000/= awarded as reasonable compensation, the pleaded basis rather than the Kshs. 180,000,000/= urged in submissions

Reasoning

Trespass is actionable per se without proof of damage. However, the claimed valuation of Kshs. 15,000,000/= per hectare appeared only in submissions, not pleadings, and was disregarded. Considering the approximately 30-acre property and the defendants' denial of the plaintiff's use since 2022, a three-year period, Kshs. 10,000,000/= was reasonable.

p. 5

Legal principles established

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  • A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud, misrepresentation, or illegality/unprocedural/corrupt acquisition
  • Trespass to land is actionable per se and no proof of damage is necessary for an award of damages
  • Submissions cannot substitute for pleadings and evidence in establishing a claim for damages

Court orders

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  1. 1.Declaration that the plaintiff is entitled to exclusive use and unimpeded right of possession and occupation of L.R Number 12610/17 (original number 12610/3/14)
  2. 2.Declaration that the 1st and 2nd defendants, their servants or agents are not entitled to enter the suit property
  3. 3.Permanent injunction restraining the defendants from selling, inspecting, invading, purporting to sell, advertising or in any way interfering with the plaintiff's ownership of the suit property
  4. 4.The 1st and 2nd defendants and those claiming through them to vacate the suit land within ninety (90) days, in default eviction orders to issue with security provided by the Officer Commanding Station Athi River Police Station
  5. 5.General damages for trespass of Kshs. 10,000,000/= with interest from the date of judgment till payment in full
  6. 6.Costs of the suit awarded to the plaintiff, borne by the defendants
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over disputes relating to title and possession of land

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Honam Holdings Limited v Maithya & 2 others (Environment & Land Case E013 of 2022) [2025] KEELC 3096 (KLR)", Case Analysis (2025). ELC Case (Kakamega), plaint dated 1st March 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3096/eng@2025-04-02

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