Yunis v Yusuf (Environment and Land Case E358 of 2024) [2025] KEELC 6090 (KLR)
The bottom line
#A Nairobi landowner who proved her title and a forced entry won an injunction, a title freeze, and KShs 150,000 even though the defendant never showed up.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff proved ownership of and trespass upon the suit land
The Plaintiff, as registered owner, proved trespass on a balance of probabilities; the defendant entered without consent and attempted to interfere with title conversion
The court relied on the certified copy of title and unchallenged evidence of the Plaintiff's witness, who testified that unidentified persons forcibly entered the property on 22/8/24, evicted guards, and that the defendant attempted to register the title in his own name during conversion of the title to the block system. Possession was regained following a police complaint. Ownership vested under Sections 24 and 25 of the Land Registration Act.
Whether a permanent injunction and inhibition should issue
A permanent injunction issued, and an inhibition was granted under Section 68 of the Land Registration Act to protect the Plaintiff's ownership
Having established a prima facie case and a genuine threat of continued interference, the court found the prayer for permanent injunction justified. The inhibition under Section 68 LRA restrains registration of any dealings on the suit property unless authorized by the Plaintiff or the Court.
Legal principles established
#- Trespass to land is actionable per se and no proof of damage is required before damages are awarded
- Even in an undefended suit, the plaintiff retains the duty to prove the case
Court orders
#- 1.An order of permanent injunction restraining the Defendant from entering, encroaching, trespassing, remaining on, using, constructing, damaging, wasting away or in any way dealing or interfering with the Plaintiff's possession, enjoyment, use, interest and ownership of LR No. 3734/294 (original number 3734/5/181), measuring 0.3274 hectares, Deed Plan number 54084, Chalbi Drive, Lavington, Nairobi
- 2.An order directing registration of inhibition on LR No. 3734/294 to restrain registration of any dealings interfering with the Plaintiff's ownership or interest unless otherwise authorized by the Plaintiff or the Court
- 3.General damages for trespass in the sum of Kshs 150,000/-
- 4.No orders as to costs
- Jurisdiction invoked
- Original civil jurisdiction over land claims (Environment and Land Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Yunis v Yusuf (Environment and Land Case E358 of 2024) [2025] KEELC 6090 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6090/eng@2025-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.