Al-Guthmy & 8 others v Said Bin Seif Properties (2016) Limited & 4 others; Said Bin Seif Properties (2016) Limited & 2 others (Plaintiffs to the Counterclaim); Karama (Defendant to the Counterclaim) (Environment and Land Case 236 of 2020) [2025] KEELC 5463 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs are registered proprietors of the suit properties
Yes; title deeds produced through PW1 show Mombasa/Block XLV/54 and 318 registered in the names of the 1st and 2nd plaintiffs, and the claim of ownership is unchallenged.
The court relied on copies of title deeds produced as exhibits and on Section 26 of the Land Registration Act, which makes a certificate of title prima facie evidence of absolute and indefeasible ownership. The defendant filed no defence to the counterclaim and tendered no evidence, so the titles could not be challenged. The court held that the plaintiffs discharged their evidentiary burden under sections 107 to 109 of the Evidence Act.
Whether the defendant has any legal or beneficial interest in the suit property
No; his averments remained unproved allegations and his continued occupation was without permission after the oral lease was validly terminated.
The plaintiffs showed they had verbally allowed the defendant to occupy the land, that they terminated the verbal lease by notice dated 31st December 2020 requiring vacatur by 15th January 2021, and that the notice lapsed without compliance. The defendant produced no evidence of any interest. His continued occupation was therefore wrongful, rendering him a trespasser on Mombasa/Block XLV/318, a portion of Mombasa/Block XLV/54.
Whether the plaintiffs are entitled to the prayers in the counterclaim
Yes, prayers (a) to (d) allowed with the demolition period extended to 90 days; mesne profits of Kshs.1,000,000, costs, and interest allowed.
The court found that as registered proprietors under sections 24 and 25 of the Land Registration Act, the plaintiffs were entitled to exclusive possession. On mesne profits, counsel proposed Kshs.1,000,000 relying on Mary Wanjiru Kihugu & 6 Others v Regency Cooperative Savings and Credit Society Limited [2021] eKLR, where Kshs.2,000,000 was awarded; the court found the proposed sum reasonable and awarded it, plus costs and interest at court rates.
Costs
Costs follow the event; awarded to the plaintiffs.
Applying section 27 of the Civil Procedure Act, the court found no good cause to depart from the general rule that costs follow the event, awarding costs to the plaintiffs as sought under prayer (f), with interest at court rates on mesne profits and costs from the date of filing suit until payment in full.
Legal principles established
#- A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud, misrepresentation, or illegal/unprocedural/corrupt acquisition (Section 26, Land Registration Act).
- Under sections 107 to 109 of the Evidence Act, the party who alleges must prove; unchallenged averments unsupported by evidence remain mere allegations.
- Under section 27 of the Civil Procedure Act, costs follow the event unless the court directs otherwise for good cause.
Court orders
#- 1.The 9th plaintiff's claim in the main suit is dismissed with costs.
- 2.Declaration that the 1st to 3rd plaintiffs in the counterclaim are entitled to exclusive and unimpeded right of possession and occupation of Title No. Mombasa/Block XLV/318.
- 3.Declaration that the defendant is wrongly and illegally in occupation of Title No. Mombasa/Block XLV/318.
- 4.Injunction restraining the defendant from remaining or continuing in occupation of Title No. Mombasa/Block XLV/318.
- 5.Order directing the defendant to demolish his structures on Title No. Mombasa/Block XLV/318 at his costs within ninety (90) days, failing which the plaintiffs may demolish at his costs.
- 6.Defendant to pay mesne profits assessed at Kshs.1,000,000.
- 7.Defendant to pay the plaintiffs' costs in the counterclaim.
- 8.Interest on mesne profits and costs at court rates from the date of filing suit until full payment.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Al-Guthmy & 8 others v Said Bin Seif Properties (2016) Limited & 4 others; Said Bin Seif Properties (2016) Limited & 2 others (Plaintiffs to the Counterclaim); Karama (Defendant to the Counterclaim) (Environment and Land Case 236 of 2020) [2025] KEELC 5463 (KLR)", Case Analysis (2025). Not stated in the judgment extract (ELC Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5463/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.