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ELCPartially AllowedNot stated in the judgment text provided· [2025] KEELC 8516 (KLR)

Sweet Pie Company Limited v Randu (Environment and Land Case E011 of 2023) [2025] KEELC 8516 (KLR)

Environment and Land Court
26 November 2025
5,246 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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A Kenyan landowner with a registered title won damages and a permanent injunction after a man who claimed ownership but had no documents trespassed and demolished his wall.

What this practically means

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Executive summary

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The Plaintiff, a company, sued the Defendant claiming permanent injunction, general damages for trespass and costs over the suit property Chembe/Kibabamshe/354, alleging that on July 19, 2023 the Defendant invaded the land and demolished part of the perimeter wall. The Defendant filed a defence and counterclaim asserting he was the legal owner, seeking a declaration of ownership, permanent injunction, revocation of the Plaintiff's title and reconstruction of the Green Card, alleging the title was fraudulently acquired. The court framed four issues: ownership, trespass, the counterclaim, and costs. On ownership, the court applied Section 26 of the Land Registration Act, holding the Plaintiff's Certificate of Title was prima facie and indefeasible evidence of ownership; the Defendant produced no title of his own, and the 2017 NLC Gazette Notice confirming the Plaintiff's ownership stood unchallenged. On trespass, the court found photographic evidence, the police report and the chief's letter, coupled with unchallenged eyewitness testimony of PW1, established the Defendant demolished the perimeter wall without lawful justification. Trespass being actionable per se, the court awarded Kshs 500,000 in general damages, guided by comparable ELC awards. On the counterclaim, the court held that fraud must be specifically pleaded with particulars and strictly proved to a higher standard; the Defendant's counterclaim contained no particulars, his own witnesses disowned earlier claims of occupation and burial, and he admitted having no title documents and living in Kijiwe Tanga. The counterclaim was dismissed with costs. The Plaintiff's suit succeeded: permanent injunction issued, Kshs 500,000 general damages awarded, and costs of the suit granted to the Plaintiff. Judgment dated, signed and delivered electronically in Malindi on November 26, 2025 by E. K. Makori, Judge.

Key legal issues

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01

Whether the Plaintiff proved ownership of the suit property

Holding

Yes. The Plaintiff held the registered Certificate of Title to Chembe/Kibabamshe/354, which the Defendant never disputed by producing any title of his own; the NLC Gazette Notice of 2017 further confirmed the Plaintiff's ownership, and the Defendant never challenged that report.

Reasoning

Section 26 of the Land Registration Act makes a Certificate of Title prima facie evidence of absolute and indefeasible ownership. Copies of titles produced by both parties identified the Plaintiff as registered owner. The Defendant produced no certificate of title or official search, relying only on a committee letter which cannot override a Certificate of Title. The 2017 NLC determination in the Plaintiff's favour was never challenged in court, reinforcing indefeasibility of the Plaintiff's title.

p. 5
02

Whether the Defendant trespassed on the suit property

Holding

Yes. On July 19, 2023 the Defendant invaded the property with others and demolished part of the perimeter wall, without any lawful justification.

Reasoning

The Plaintiff, as registered owner, had a protected right to property under Article 40. Photographic evidence of the demolished wall, the police report (OB No. 06/21/07/2023), and the chief's letter established the trespass, and PW1's eyewitness testimony was unchallenged. The Defendant asserted ownership but never denied the trespass allegations, thereby taking the law into his own hands.

p. 6
03

What general damages are payable for the trespass

Holding

Kshs 500,000 awarded, following the measure of the difference in property value after trespass or cost of restoration, whichever is less; trespass being actionable per se, no proof of specific loss was required.

Reasoning

Trespass is actionable per se, so damages need no proof of actual loss. Comparing comparable ELC awards (Nakuru Industries - Kshs 500,000; Kennedy J Wamalwa - Kshs 200,000), the court noted the Defendant enlisted goons to invade and demolish the perimeter wall. It awarded Kshs 500,000 as appropriate general damages in the circumstances.

p. 6
04

Whether the Defendant's counterclaim was merited

Holding

No. The counterclaim seeking a declaration of ownership, permanent injunction, revocation of the Plaintiff's title and reconstruction of the Green Card was dismissed as unsubstantiated.

Reasoning

Fraud must be distinctly pleaded with particulars and strictly proved to a standard higher than the balance of probabilities. The Defendant's three-paragraph counterclaim contained no particulars of fraud or forgery; even his own witnesses confirmed no such details were pleaded. He produced no title documents, admitted living two hours away, and never challenged the NLC report clearing the Plaintiff. The counterclaim was therefore stillborn.

p. 9

Legal principles established

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  • A Certificate of Title under Section 26 of the Land Registration Act is prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud, misrepresentation, illegality, unprocedural acquisition or corruption
  • Trespass to land is actionable per se; the proper plaintiff is the title holder or person in possession at the time of the trespass
  • Allegations of fraud must be specifically pleaded with particulars and strictly proved to a standard higher than a balance of probabilities
  • A party's registered title entitles them to the rights and privileges of a registered proprietor under Article 40 of the Constitution where no fraud is demonstrated

Court orders

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  1. 1.A permanent injunction restraining the Defendant, his agents, employees, servants, or anyone else from entering, trespassing into, or otherwise dealing with or interfering in any manner with the Plaintiff's occupation, access, use, or peaceful possession of the suit property
  2. 2.General damages for trespass of Kshs 500,000/= awarded to the Plaintiff
  3. 3.Costs of the suit awarded to the Plaintiff
  4. 4.The Defendant's counterclaim dismissed with costs

Authorities

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Legislation

  • Land Registration ActSection 26
  • Land Registration Act, 2012Section 80(1)
  • Land Registration Act, 2012Section 25
  • Constitution of KenyaArticle 40
  • Trespass Act, Cap 294Section 3(1)

Cases cited (17)

  • Ali Wanje Ziro v Abdulbasit Abeid Said & Another
    [2022] eKLR
  • Joseph Arap Ngok v Justice Moijo Ole Keiwa & 5 others
    Nairobi Civil Application No. 60 of 1997
  • Elijah Makeri Nyangw'ra v Stephen Mungai Njuguna & Another
    (2013) eKLR
  • Musau v Mutata & another
    (Environment & Land Case E102 of 2021) [2023] KEMC 109 (KLR)
  • Charles Ogejo Ochieng v Geofirey Okumu
    [1995] eKLR
  • Kenya Power & Lighting Company Ltd v Fleetwood Enterprises Limited
    [2017] eKLR
  • Godfrey Julius Ndumba Mbogori & Another v Nairobi City County
    [2018] eKLR
  • Nakuru Industries Ltd v S S Mehta & Sons
    [2016] eKLR
  • Kennedy J Wamalwa v Rural Electrification Authority
    [2020] eKLR
  • Free Pentecostal Fellowship in Kenya v the County Government of Nyamira
    [2021] eKLR
  • Kenya Power & Lighting Company Ltd v Sherifi Molana Habib
    [2018] eKLR
  • Alice Chemutai Too v Nickson Kipkurui Korir & 2 Others
    [2015] eKLR
  • Ahmed Mohammed Noor v Abdi Aziz Osman
    [2019] eKLR
  • Kinyanjui Kamau v George Kamau
    [2015] eKLR
  • Ndolo v Ndolo
    [2008] 1 KLR (G&F) 742
  • Kuria Kiarie & 2 Others v Sammy Magera
    [2018] eKLR
  • Chemjor v Chepkwony
    (Environment & Land Case 34 of 2022) [2023] KEELC 16864 (KLR)
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land title and trespass; title determination under Section 26 of the Land Registration Act, 2012

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, "Sweet Pie Company Limited v Randu (Environment and Land Case E011 of 2023) [2025] KEELC 8516 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8516/eng@2025-11-26

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