Sagalla Ranchers Limited v Makalo & 97 others (Environment & Land Case E005 of 2023) (Environment and Land) [2025] KEELC 4622 (KLR)
The bottom line
#Even registered landowners must prove actual trespass with solid evidence like a surveyor's report; a Kenyan court dismissed Sagalla Ranch's eviction suit entirely.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff is the lawful owner of the suit parcels
Yes - the Plaintiff is the legitimate registered proprietor of L.R. Nos. 12177/8 and 12177/9
The plaintiff's witness adduced evidence of registration and produced certificates of title which were never challenged. Relying on Sections 24 and 25 of the Land Registration Act and the authorities on the significance of unchallenged certificates of title, the court found registration conclusive of ownership as against the defendants.
Whether the Plaintiff proved trespass against the Defendants
No - trespass was not proved to the required standard
PW1's statement referred to different parcel numbers (12277/8 and 12277/9) than those pleaded; he admitted on cross-examination there was no survey report proving trespass; the defendants' witnesses denied occupying the disputed area; and the boundary determination remained unconcluded with a buffer zone between the ranch and the settlement scheme. Ownership alone does not establish trespass.
Whether the Plaintiff is entitled to the reliefs sought
No - all reliefs were refused because the foundational claim of trespass failed
All the remedies sought (eviction, injunction, damages for trespass and for destruction of trees) were premised on proof of trespass. Having found trespass unproved, the court declined to grant any relief and dismissed the suit, while noting the parties' shared desire to complete the boundary and survey exercise.
Legal principles established
#- Registration of a person as proprietor of land vests absolute ownership, and such rights are indefeasible except as provided in the Land Registration Act
- The plaintiff in a trespass claim bears the burden of proving ownership, unlawful entry and lack of justification, and ownership alone does not establish trespass
- Where the location of a boundary is unsettled, a surveyor's report is the crucial evidence of the extent of encroachment; without it, trespass is not proved
Court orders
#- 1.The Plaintiff's suit is dismissed
- 2.Each party to bear own costs of the suit
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land in Taita Taveta County (plaint dated 13th December 2023; specific enabling provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sagalla Ranchers Limited v Makalo & 97 others (Environment & Land Case E005 of 2023) (Environment and Land) [2025] KEELC 4622 (KLR)", Case Analysis (2025). Environment & Land Case E005 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4622/eng@2025-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.