Mwandau & 2 others v Challa Hotel Limited (Environment and Land Case E016 of 2023) (Environment and Land) [2025] KEELC 6930 (KLR)
The bottom line
#The Environment and Land Court in Voi confirmed the Plaintiffs own the disputed Taveta plot and ordered Challa Hotel Limited to vacate within 90 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs are the bonafide owners of Taveta Town Block 1/123 (LR No. 4118/281)
The Plaintiffs are the bonafide owners; they proved the root and procedural regularity of their title while the Defendant failed to show their title was procured illegally.
Faced with competing claims, the court examined the root of title of each party. The Plaintiffs produced a Certificate of Lease dated 1st February 2022, a green card and a survey report confirming their registration. The Defendant's chain rested on Flavian Ngoto Mareko, who held no title and whose ownership could not be established; he therefore had no good title to pass. The Defendant failed to prove any fraud or illegality in the Plaintiffs' acquisition.
Whether the reliefs of declaration, eviction and permanent injunction should issue
All three reliefs were granted as the Plaintiffs' registered title was not impeached.
The court held that a registered proprietor is entitled to exclusive possession and proprietary rights to the exclusion of all others, citing Sections 24 and 25 of the Land Registration Act and Waas Enterprises. Since no evidence of fraud or misrepresentation attended the Plaintiffs' title, they were entitled to the protection of the court, a declaration of ownership, eviction of the Defendant and a permanent injunction.
Whether mesne profits were payable
Mesne profits were refused for want of computation and submissions.
Although wrongful occupation would ordinarily ground mesne profits, the Plaintiffs provided no computation of the claim and made no submissions on it, leaving the court unable to quantify any award.
Legal principles established
#- Where competing interests over the same land are claimed, the court must inquire into the root of title; a holder of title must establish the solidity of its root.
- A certificate of title confers absolute and indefeasible ownership capable of impeachment only on proof of fraud, misrepresentation or illegality attributable to the registered proprietor.
- He who alleges must prove on a balance of probabilities as required by Sections 107, 109 and 112 of the Evidence Act.
Court orders
#- 1.A declaration that the Plaintiffs are the lawful and registered owners of the parcel of land known as Taveta Town Block 1/123
- 2.The Defendant directed to vacate the suit parcel known as Taveta Town Block 1/123 within 90 days, failing which eviction to issue
- 3.A permanent injunction restricting the Defendant from remaining and/or continuing in occupation of the suit property
- 4.Costs of the suit awarded to the Plaintiffs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to ownership of land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwandau & 2 others v Challa Hotel Limited (Environment and Land Case E016 of 2023) (Environment and Land) [2025] KEELC 6930 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6930/eng@2025-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.