Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in the ruling· [2026] KEELC 668 (KLR)

Munga & another v Bulkon Builders Limited & 3 others (Environment and Land Case 188 of 2018) [2026] KEELC 668 (KLR)

Environment and Land Court
12 February 2026
YAY. M. Angima
907 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan court refused to order demolition of structures on disputed land because the landlord jumped the queue, seeking final relief before its counter-claim was heard.

What this practically means

#

Executive summary

#
The 1st defendant, by notice of motion dated 27.08.2024 under Sections 1A, 1B, 3A and 63 of the Civil Procedure Act and the inherent jurisdiction of the court, sought an order for demolition of all structures the plaintiffs had erected on plot No. 322/1/MN, to be supervised by the Deputy County Commissioner, Kisauni Sub-County and the OCPD Kisauni, with costs. The 1st defendant contended that the plaintiffs' suit had been dismissed for non-attendance on 02.05.2024, that their application to set aside the dismissal was dismissed on 31.07.2025 with no appeal noted, and that the plaintiffs had continued to erect structures in violation of a prior status quo order, showing scant respect for court orders. The plaintiffs, in a replying affidavit, opposed the application as frivolous and vexatious, asserting occupation of the property for generations and inheritance from their grandparents, and that the dispute affecting over 50 households required a full hearing. The court framed one question: whether the 1st defendant was entitled to the prayers sought. It held that although the plaintiffs' claim was dismissed, the suit was not concluded because the 1st defendant's counter-claim dated 30.05.2019, seeking a permanent injunction and damages for trespass, remained unheard and undetermined. Demolition orders being final in nature, they could only be granted upon conclusion of the suit; the application was premature, the 1st defendant having put the cart before the horse. The notice of motion dated 27.08.2024 was dismissed with no order as to costs, with liberty to set down the counter-claim for hearing.

Key legal issues

#
01

Whether an order for demolition of structures may be granted while a counter-claim remains pending

Holding

The application was premature; demolition orders are final and should await the conclusion of the suit, including the undetermined counter-claim

Reasoning

Although the plaintiffs' suit was dismissed for non-attendance on 02.05.2024 and their application to set aside the dismissal was itself dismissed on 31.07.2025 with no appeal noted, the 1st defendant's counter-claim dated 30.05.2019 seeking a permanent injunction and damages for trespass remained unheard. The suit was therefore not concluded, and final demolition orders could not issue on an interlocutory application.

p. 2

Legal principles established

#
  • Final orders such as demolition and removal of structures can only be granted upon conclusion of the suit, including the hearing and determination of any pending counter-claim

Court orders

#
  1. 1.The notice of motion dated 27.08.2024 is dismissed with no order as to costs
  2. 2.The 1st defendant shall be at liberty to set down its counter-claim for hearing

Authorities

#

Legislation

  • Civil Procedure Act (Cap 21)Section 1A
  • Civil Procedure Act (Cap 21)Section 1B
  • Civil Procedure Act (Cap 21)Section 3A
  • Civil Procedure Act (Cap 21)Section 63
Jurisdiction invoked
Sections 1A, 1B, 3A and 63 of the Civil Procedure Act (Cap 21) and the inherent jurisdiction of the court

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Munga & another v Bulkon Builders Limited & 3 others (Environment and Land Case 188 of 2018) [2026] KEELC 668 (KLR)", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/668/eng@2026-02-12

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