Kamunyu & another v Murang’A County Government & another (Environment and Land Appeal E029 of 2024) [2025] KEELC 4885 (KLR)
The bottom line
#Landowners lost their trespass claim against Kiambu County because they never called a surveyor to prove the damage happened on their land.
What this practically means
#Executive summary
#Key legal issues
#Whether trespass/encroachment was proved
Not proved; the Appellants failed to call a surveyor to establish that the damage occurred on their land rather than the public road
Ownership of the parcels was not disputed, but the dispute was whether encroachment occurred. Evidence of a surveyor showing the size and dimensions of the land, the extent of the road and proof that the road exceeded its prescribed size was critical. The exhibits, pleadings and site visit report could not substitute for that expert evidence.
Whether special damages were pleaded and proved
The trial magistrate correctly required specific pleading and proof of special damages
Following Hahn v Singh, special damages must be specifically pleaded and proved. However, even had they been proved, they could not be awarded without first proving the damage occurred on the Appellants' land. Failure to prove trespass was fatal to the entire claim.
Whether failure to state the year of the cause of action was fatal
Immaterial; without proof the property was on the Appellants' land nothing would have saved the case
The plaint did not state the year the cause of action arose, which was mentioned only half-heartedly in the reply to the defence. The court agreed with the trial magistrate but held the omission immaterial because the claim failed on proof of trespass in any event.
Costs of the suit
The trial magistrate correctly awarded costs to the Respondents
The Appellants filed the suits and lost; costs follow the event under Section 27 of the Civil Procedure Act. The Respondent incurred costs defending suits that should never have been brought without proof of encroachment.
Legal principles established
#- The most critical evidence to prove trespass/encroachment is that of a surveyor showing dimensions and the extent of encroachment
- Special damages must be specifically pleaded and proved
- Cases are won on evidence, not on written submissions
- Costs follow the event under Section 27 of the Civil Procedure Act
Court orders
#- 1.The appeals are dismissed
- 2.Costs of the appeal awarded to the Respondents
- On appeal from
- Magistrates' Court
- Jurisdiction invoked
- First appeal from the magistrates' court under the court's appellate jurisdiction (statutory appeal; specific provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamunyu & another v Murang’A County Government & another (Environment and Land Appeal E029 of 2024) [2025] KEELC 4885 (KLR)", Case Analysis (2025). Appeal dated 9-7-2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4885/eng@2025-07-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.