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ELCPartially AllowedNot stated in the judgment (suits relates to Land Parcel No. CR. 73822)· [2025] KEELC 4830 (KLR)

Maungu Ranching (DA) Company Ltd v Haji & another (Environment and Planning Civil Case 3 of 2023) (Environment and Land) [2025] KEELC 4830 (KLR)

Environment and Land Court
30 June 2025
4,724 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Plaintiff, the registered owner of land parcel No. CR. 73822 measuring approximately 21,619 hectares at Maungu in Taita Taveta County, sued two Defendants seeking a mandatory injunction to restrain trespass and illegal mining activities on its land. The 1st Defendant filed a defence denying trespass and contending that any activities were carried out by Wananchi Ranching [Directed Agricultural] Company Limited, a distinct legal entity, on its own parcel LR No. 12924, and that he could not be personally liable as a director. The 2nd Defendant did not participate. The 1st Defendant also argued that the Plaintiff's unilateral survey was invalid, that boundary disputes lie with the Land Registrar under Section 18 of the Land Registration Act, and that the 2nd Defendant had died without a legal representative being joined. The court framed three issues: proper parties, proof of trespass, and entitlement to reliefs. On proper parties, relying on Order 1 Rule 9 of the Civil Procedure Rules and the Fairyland Aviation decision, the court held misjoinder/non-joinder cannot defeat a suit, and since the CR 12 produced did not list the 1st Defendant as a director, he was a proper party. On trespass, the Plaintiff's witness admitted he had never seen the 1st Defendant on the land, so the claim against him failed; but the claim against the unparticipating 2nd Defendant was uncontroverted and trespass was proved, the alleged death not being evidenced. Judgment was entered only against the 2nd Defendant with a mandatory injunction, and each party was ordered to bear its own costs.

Key legal issues

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01

Whether the Plaintiff sued the proper parties

Holding

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

Reasoning

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.

p. 8
02

Whether trespass by the 1st Defendant was proved

Holding

Not proved; the claim against the 1st Defendant failed

Reasoning

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.

p. 8
03

Whether trespass by the 2nd Defendant was proved

Holding

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

Reasoning

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.

p. 9
04

Entitlement to reliefs

Holding

Plaintiff entitled to the mandatory injunction against the 2nd Defendant only

Reasoning

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.

p. 9

Legal principles established

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  • 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

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  1. 1.The Plaintiff's suit against the 1st Defendant is dismissed
  2. 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. 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

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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, "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.