Salesians of Don Bosco Registered Trustees v David & 4 others (Civil Case 127 of 2021) [2025] KEELC 5549 (KLR)
The bottom line
#A Kenyan court confirmed that a registered title holder can evict squatters, demolish their structures, and win damages even without proving actual loss.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff proved ownership of the suit property
Yes. The Plaintiff produced a Provisional Certificate of Title, transfer documents and an official search, corroborated by the Land Registrar; the Defendants never filed a defence, so title was unchallenged
The court applied Articles 40, 61-64 of the Constitution and Sections 24, 25 and 26 of the Land Registration Act. Registration confers absolute and indefeasible title challengeable only on proof of fraud, misrepresentation or illegality, none of which was demonstrated. The Land Registrar's testimony confirmed registration on 24th August 2011 pursuant to a gift transfer from Antony Praxedes D'Costa.
Whether the Defendants trespassed without the Plaintiff's authority
Yes. Their entry, occupation and erection of structures without consent amounted to trespass, and their failure to enter appearance left the plaintiff's evidence uncontroverted
Relying on Sections 107-109 and 112 of the Evidence Act, the plaintiff bore the burden on a balance of probability and discharged it. Trespass was defined per the Trespass Act, Black's Law Dictionary and Clerk & Lindsell as unjustifiable entry upon land in another's possession. The uncontroverted evidence established unlawful entry in or around August 2012.
Whether the Plaintiff was entitled to the orders sought, including general damages
Yes. The court granted the declaration, permanent injunction, eviction and demolition, and awarded Kshs. 3,500,000/- as general damages for trespass
Applying Giella v Cassman Brown principles, the plaintiff established a prima facie case to warrant permanent injunctive relief. On damages, although there was no evidence quantifying actual loss, trespass being actionable per se, the court relied on Philip Ayaya Aluchio, Duncan Nderitu Ndegwa and Halsbury's Laws to award a global sum of Kshs. 3,500,000/-, exceeding the Kshs. 3,000,000/- proposed by the plaintiff.
Legal principles established
#- Registration of a person as proprietor of land vests absolute ownership, and a certificate of title is prima facie evidence of absolute and indefeasible ownership challengeable only on fraud, misrepresentation or illegality
- Trespass is any unjustifiable intrusion upon land in the possession of another, actionable per se once proved
- Costs follow the event and the successful party is ordinarily entitled to costs
Court orders
#- 1.Judgment entered in favour of the Plaintiff as per the Plaint dated 1st July, 2021 and filed on 5th July, 2021 in its entirety with costs
- 2.A declaration that the Defendants' actions of unauthorised entry into, continued occupation of, and constructing permanent structures on Plot Number L.R. 1866/I Mainland North amounts to trespass, therefore illegal, null and void
- 3.An order of permanent injunction restraining the Defendants from remaining on or continuing in occupation of Plot Number L.R. 1866/I Mainland North
- 4.An order of eviction and/or ejectment of the Defendants from the suit property and demolition of any or all illegal structures on the suit property pursuant to Section 152E of the Land Act, No. 6 of 2012
- 5.General damages of Kshs. 3,500,000/- awarded for trespass to and/or illegal conversion of the suit property
- 6.Costs of litigation of the Plaint awarded to the Plaintiff
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land situated in Mombasa County (Plaint dated 1st July, 2021); Constitution of Kenya, 2010 Article 40; Land Registration Act No. 3 of 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Salesians of Don Bosco Registered Trustees v David & 4 others (Civil Case 127 of 2021) [2025] KEELC 5549 (KLR)", Case Analysis (2025). Not stated in the judgment as provided (Plaint dated 1st July, 2021, filed 5th July, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5549/eng@2025-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.