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ELCAllowedPlaint dated 1st March 2024 (case number not stated in the judgment)· [2026] KEELC 332 (KLR)

Ndegwa & another v Liguyani (Environment and Land Case E095 of 2024) [2026] KEELC 332 (KLR)

Environment and Land Court
29 January 2026
MKMOHAMMED N. KULLOW
1,336 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Nairobi court declared a Runda landowner the rightful owner, ordered the trespasser out within 90 days, and made them pay the legal costs.

What this practically means

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Executive summary

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This was an undefended land claim before the Environment and Land Court at Nairobi concerning property known as LR 7785/802 (Original no 7785/1/64) in Runda, Nairobi. The plaintiffs pleaded that they purchased the property in 2004 and were its registered owners, but in 2020 found trespassers on the land, who were charged in Kiambu CR 740/2020. On inquiry they discovered that the defendant held a fraudulent title despite registry records showing the plaintiffs as owners. A complaint at the lands office led to the defendant being summoned; he failed to attend, and the defendant's title was cancelled and expunged from the records. The suit, filed by plaint dated 1st March 2024, sought a declaration of bona fide ownership, vacant possession with eviction, a permanent injunction, and costs. The defendant was served by substituted service but neither entered appearance nor filed a defence. At the hearing on 2nd October 2025 the 1st plaintiff testified and produced a sale agreement dated 4/09/2006, a transfer, stamp duty receipt, title deed, and Ministry of Lands letters confirming the plaintiffs' ownership and cancelling the defendant's title. The court framed a single issue: whether the plaintiff was entitled to the orders sought. Relying on the principle that uncontroverted evidence is weighty, and on Section 26(1) of the Land Registration Act that a certificate of title is prima facie evidence of ownership, the court held the plaintiffs' title legitimate. Judgment was entered for the plaintiffs with declaration, permanent injunction, an order to vacate with eviction in default within 90 days, and costs against the defendant.

Key legal issues

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01

Whether a plaintiff who gives uncontroverted evidence, the defendant having not entered appearance or filed a defence, is entitled to the reliefs sought

Holding

Yes; the plaintiffs established their case on a balance of probabilities and were entitled to the declaration, injunction and vacant possession sought

Reasoning

The defendant was served (by substituted service) but did not enter appearance, file a defence or appear at the hearing. Citing Daniel Kenga Katana v Dzitu Toto Bokole, the court held that uncontroverted evidence bears great weight where the defendant calls no witness to test it. The plaintiff testified as PW1 and produced the sale agreement, transfer, stamp duty receipt, title deed and letters from the Ministry of Lands confirming ownership and cancelling the defendant's title, which the court accepted as proof of ownership.

p. 2
02

Whether the plaintiffs' title to LR 7785/802 is legitimate notwithstanding the defendant's title

Holding

Yes; the plaintiffs' registered title is legitimate and the defendant's title was cancelled and expunged from the registry records

Reasoning

The plaintiffs pleaded and proved purchase of the property in 2004/2006 and registration in their names. A Ministry of Lands complaint process led to cancellation of the defendant's title. Applying Section 26(1) of the Land Registration Act, the court held the certificate of title to be prima facie evidence of ownership, unchallenged by the defendant, and therefore sufficient proof of ownership.

p. 3

Legal principles established

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  • Uncontroverted evidence is weighty and courts will rely on it to prove facts in dispute where the defendant does not adduce evidence
  • A certificate of title is prima facie evidence of ownership, subject only to challenge on fraud, misrepresentation, or where acquired illegally, unprocedurally or through a corrupt scheme (Section 26(1), Land Registration Act)

Court orders

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  1. 1.A declaration that the plaintiffs are the bona fide owners of LR 7785/802 (Original no 7785/1/64) located in Runda Nairobi
  2. 2.An order of permanent injunction prohibiting the defendant, his servants, agents or any other person from claiming, encroaching, trespassing or in any manner interfering with the plaintiffs' ownership, occupation and use of the suit property
  3. 3.An order directing the defendant to vacate the suit property and in default an order of eviction within 90 days
  4. 4.The defendant to bear the costs of the suit
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to ownership of land (Land Registration Act, Section 26(1) invoked on title)

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, "Ndegwa & another v Liguyani (Environment and Land Case E095 of 2024) [2026] KEELC 332 (KLR)", Case Analysis (2026). Plaint dated 1st March 2024 (case number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/332/eng@2026-01-29

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