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ELCAllowedNot stated in the judgment· [2025] KEELC 5736 (KLR)

Murage v Katita & another (Environment and Land Case 6 of 2024) [2025] KEELC 5736 (KLR)

Environment and Land Court
31 July 2025
811 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed a landowner to replace an outdated valuation report with a fresh one, ruling stale valuations can be updated to fairly assess damages.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 23rd April 2024 in which the Plaintiff in a land suit before the Environment and Land Court at Kajiado sought leave to file a current valuation report of Land Parcel Kajiado/Kaputiei North/1220, with the valuer to be available for cross-examination by the Defendants, and with costs to abide the outcome of the main suit. The Plaintiff had earlier produced a valuation report dated 17th October 2019 prepared by Mr. J.W. Gathuri of COG Consultants Limited, but contended that nearly five years had lapsed and market fluctuations meant the report no longer reflected the property's present value. He maintained the fresh report was necessary to aid the Court in fairly assessing damages for loss of bargain, a substantive prayer in the Plaint, and that it was supplementary only, not intended to reopen the trial. The Court, per M.D. Mwangi J, was guided by the overriding objective under Sections 1A and 1B of the Civil Procedure Act, the inherent power under Section 3A, and Article 159(2)(d) of the Constitution. It applied Trust Bank Limited v Amalo Company Limited and followed John Karanja Njenga v Kenya Commercial Bank Limited, holding that stale valuation evidence may be updated in the interest of justice where no prejudice beyond cross-examination is shown. The application was allowed in its entirety: leave was granted to file and serve a current valuation report within sixty days, the Defendants were given liberty to summon the valuer for cross-examination, and costs were ordered to abide the outcome of the main suit.

Key legal issues

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01

Whether a supplementary valuation report may be admitted after the plaintiff's case has closed

Holding

Leave was granted because the 2019 valuation was stale and the fresh report was material to the claim for damages for loss of bargain; it did not reopen the case or introduce new facts.

Reasoning

The Court grounded its discretion in the overriding objective under Sections 1A and 1B of the Civil Procedure Act and the inherent power under Section 3A, reinforced by Article 159(2)(d). It reasoned that expert valuation evidence exists to assist the court in fairly assessing damages, and where time has rendered it outdated, an updated report serves substantive justice. The Defendants retained the right to cross-examine the valuer, so no unfair prejudice arose.

p. 2
02

Whether the Defendants would suffer prejudice from the updated valuation

Holding

No unfair prejudice was demonstrated; any prejudice is remediable by cross-examination of the valuer.

Reasoning

Relying on Trust Bank Limited v Amalo Company Limited, the Court held that evidence enabling a fair and just decision should be allowed provided no party is prejudiced beyond what can fairly be remedied by an opportunity to be heard. The Defendants were given liberty to summon the valuer for cross-examination, which the Court considered a sufficient safeguard.

p. 2

Legal principles established

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  • Where expert valuation evidence on record has become stale due to the passage of time, a supplementary valuation may be allowed in the interest of justice, provided no party suffers prejudice that cannot be remedied by cross-examination.

Court orders

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  1. 1.Leave granted to the Plaintiff to file and serve a current valuation report of Land Parcel Kajiado/Kaputiei North/1220 within sixty (60) days of the ruling
  2. 2.Upon filing of the updated valuation report, the Defendants shall be at liberty to request the summoning of the valuer for cross-examination on the contents of the report, should they so desire
  3. 3.The costs of the application shall abide the outcome of the main suit

Authorities

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Legislation

  • Civil Procedure ActSections 1A and 1B
  • Civil Procedure ActSection 3A
  • Constitution of KenyaArticle 159(2)(d)

Cases cited (2)

  • Trust Bank Limited v Amalo Company Limited
    [2003] eKLR
  • John Karanja Njenga v Kenya Commercial Bank Limited
    [2019] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Article 159(2)(d) of the Constitution

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, "Murage v Katita & another (Environment and Land Case 6 of 2024) [2025] KEELC 5736 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5736/eng@2025-07-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.