Maungu Ranching (DA) Company Ltd v Haji & another (Environment and Planning Civil Case 3 of 2023) (Environment and Land) [2025] KEELC 4830 (KLR)
The bottom line
#The Environment and Land Court in Voi stopped illegal mining on Maungu ranch land, but dismissed the claim against one defendant for lack of evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff sued the proper parties
The 1st Defendant was a proper party; the suit could not fail on the ground of misjoinder/non-joinder, particularly as the CR 12 produced did not list the 1st Defendant as a director of the company he blamed
The 1st Defendant claimed the alleged wrongs were those of Wananchi Ranching [Directed Agricultural] Company Limited, but raised the objection himself and thus had to demonstrate it. The CR 12 dated 12th June 1991 produced in evidence did not list him as a director. Applying Order 1 Rule 9 of the Civil Procedure Rules and the Fairyland Aviation case, misjoinder and non-joinder cannot defeat a suit.
Whether trespass by the 1st Defendant was proved
Not proved; the claim against the 1st Defendant failed
The Plaintiff's sole witness conceded in cross-examination that he had never seen the 1st Defendant on the land and could not blame him for any trespass. On that admission, trespass against the 1st Defendant was not proved to the required standard, and the claim against him failed.
Whether trespass by the 2nd Defendant was proved
Proved; the 2nd Defendant did not file a response or participate, and the evidence that he mined on the Plaintiff's land without consent was uncontroverted
PW1 testified that the 2nd Defendant was found mining on the Plaintiff's land on 12th December 2021 without consent and was taken to Mwatate Police Station. Although the 1st Defendant submitted the 2nd Defendant had died, no death certificate or letters of administration were produced, so the court could not verify that claim and treated the claim as uncontroverted.
Entitlement to reliefs
Plaintiff entitled to the mandatory injunction against the 2nd Defendant only
Having found trespass proved against the 2nd Defendant, the court held the Plaintiff entitled to the reliefs as against him and granted a permanent/mandatory injunction restraining the 2nd Defendant from trespassing, mining and occupying the parcel and ordering demolition and removal of structures.
Legal principles established
#- Misjoinder or non-joinder of parties is not a ground to defeat a suit; a defendant who raises the objection that he is not a proper party bears the burden of demonstrating it
- Trespass means unjustified entry onto another's land and commission of acts injurious to it without permission, and must be proved to the required standard
- A claim not controverted by a defendant who fails to participate, and against whom evidence is tendered, is proved
- Costs follow the event unless the court for good reason orders otherwise
Court orders
#- 1.The Plaintiff's suit against the 1st Defendant is dismissed
- 2.A mandatory injunction issued restraining the 2nd Defendant by himself, his servants and agents from trespassing, interfering with or alienating and/or continuing with his illegal mining activities or continuing in occupation of the Plaintiff's parcel of land No. CR 73822 and to forthwith demolish and remove any structures erected thereon
- 3.Each party to bear own costs of the suit
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (trespass on land parcel CR. 73822)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maungu Ranching (DA) Company Ltd v Haji & another (Environment and Planning Civil Case 3 of 2023) (Environment and Land) [2025] KEELC 4830 (KLR)", Case Analysis (2025). Not stated in the judgment (suits relates to Land Parcel No. CR. 73822). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4830/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.