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ELCPartially AllowedNakuru ELC (not stated in judgment excerpt; plaint dated 10th February 2014, amended 16th June 2022)· [2025] KEELC 5891 (KLR)

Mudavadi (Suing as the Administrator of the Estate of Rosebella Jerono Mudavadi - Deceased) & 7 others v Kariuki (Sued as Administrator of the Estate of David Kariuki Waiganjo - Deceased) & 3 others (Environment and Land Case 140 of 2019) [2025] KEELC 5891 (KLR)

Environment and Land Court
6 August 2025
9,354 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~37 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded over Kshs 11 million to families whose homes were demolished on the wrong plot, confirming evictions must target the correct parcel with proper notice.

What this practically means

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Executive summary

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This first-instance judgment of the Environment and Land Court at Nakuru (M. A. Odeny, J) resolves a claim by ten plaintiffs, members of Koyunkei Housing Co-operative Society Ltd and the attorney of the deceased 1st plaintiff Rosebella Jerono Mudavadi, arising from a demolition of houses on 24th December 2009. The plaintiffs bought and developed portions excised from parcel Miti Mingi/Mbaruk Block 3/788, purchased from Rosebella. The 1st Defendant's late husband, David Kariuki Waiganjo, held a decree from Nakuru CM Land Dispute Tribunal Award No. 2 of 2005 in respect of parcel 793 and, with Gillette Auctioneers (2nd Defendant) and police assistance, demolished structures the court found were actually on parcel 788. The court framed three issues: on which parcel the eviction was effected, entitlement to special damages of Kshs 8,253,567/=, and entitlement to a permanent injunction. Relying on the retired District Surveyor's report and the valuer's evidence, the court held the demolished houses stood on parcel 788, that no buildings were on parcel 793, and that the eviction was an unlawful eviction gone wrong executed without notice on the wrong plot. Applying the special-damages authorities on strict pleading and proof, the court found the plaintiffs had proved their losses through receipts, a valuation report and expert testimony. The suit partially succeeded: special damages of Kshs 8,253,567/= and general damages of Kshs 3,000,000/= were awarded against the 1st and 2nd Defendants jointly, the 1st Defendant was restrained from interfering with the suit land, and the plaintiffs were awarded costs against the 1st and 2nd Defendants. No order issued against the 3rd Defendant.

Key legal issues

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01

Whether the demolition was carried out on plot 788 (wrong parcel) rather than on plot 793 as decreed

Holding

The court found the demolished houses stood on parcel 788 (new parcels 5006–5022) and that no buildings existed on parcel 793; the eviction went wrong on the wrong parcel.

Reasoning

The court relied on the testimony of PW6, the retired District Surveyor, that the demolished houses were on parcel 788 on the newly created parcels 5006–5022 with no buildings on parcel 793, and the valuer's evidence that the registered owner of 788 was Rosebella. The court also noted the plaintiffs remain in possession and that the 1st Defendant's husband had been jailed for contempt for interfering with the suit land, evidencing wrongdoing.

p. 14
02

Whether the plaintiffs proved their special damages

Holding

The court held the plaintiffs specifically pleaded and strictly proved their special damages of Kshs 8,253,567/= through receipts, a valuation report, surveyor and valuer evidence.

Reasoning

Applying the Oloo and Union Bank of Nigeria authorities on strict proof of special damages, the court found the plaintiffs produced agreements, allotment letters, maps, photographs, receipts, and expert valuation done immediately after the demolitions. The claim was thus proved with sufficient certainty and particularity, entitling them to the full claimed sum against the 1st and 2nd Defendants.

03

Whether the plaintiffs were entitled to general damages and an injunction

Holding

The court held the eviction and demolition were unlawful, entitling the plaintiffs to general damages, and restrained the 1st Defendant from interfering with the suit land.

Reasoning

Since the demolition occurred on the wrong parcel without notice and without opportunity to remove belongings despite plaintiffs pointing out the order read plot 793, the eviction was unlawful and an eviction gone wrong. General damages of Kshs 3,000,000/= were awarded, and a permanent restraint issued against the 1st Defendant given the prior contempt findings.

p. 16

Legal principles established

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  • Where eviction and demolition are done on the wrong parcel of land, the party affected is entitled to compensation for the loss occasioned by the wrongful eviction.
  • Special damages must be specifically pleaded and strictly proved with the degree of certainty and particularity that the circumstances and the nature of the acts complained of require.
  • Even where a party seeks to evict, the law requires proper notice and humane eviction; indiscriminate destruction of property is unlawful.

Court orders

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  1. 1.Special damages in the sum of Kshs 8,253,567/= awarded to the Plaintiffs as against the 1st and 2nd Defendants, being the value of the property destroyed as per the valuation dated 26th January 2010 during the demolition of 24th December 2009
  2. 2.General damages in the sum of Kshs 3,000,000/= awarded to the Plaintiffs to be paid by the 1st and 2nd Defendants
  3. 3.The 1st Defendant restrained from interfering with the Plaintiffs' suit land
  4. 4.Costs of the suit to the Plaintiffs to be paid by the 1st and 2nd Defendants
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over the land parcel and claims for damages for wrongful demolition and trespass

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, "Mudavadi (Suing as the Administrator of the Estate of Rosebella Jerono Mudavadi - Deceased) & 7 others v Kariuki (Sued as Administrator of the Estate of David Kariuki Waiganjo - Deceased) & 3 others (Environment and Land Case 140 of 2019) [2025] KEELC 5891 (KLR)", Case Analysis (2025). Nakuru ELC (not stated in judgment excerpt; plaint dated 10th February 2014, amended 16th June 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5891/eng@2025-08-06

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