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ELCPartially AllowedNakuru Municipality Block 5/43 suit, plaint dated 21st March 2018· [2026] KEELC 911 (KLR)

Elgon House (2010) Ltd v Meya Agri Traders Limited (Land Case 121 of 2018) [2026] KEELC 911 (KLR)

Environment and Land Court
20 February 2026
5,396 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered a company to hand back a Nakuru building after 13 years, ruling that staying on after a lease expires makes you a trespasser.

What this practically means

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Executive summary

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The plaintiff, Elgon House Ltd, sued for eviction from Nakuru Municipality Block 5/43 (Elgon House), mesne profits at Kshs 500,000 per month plus VAT from March 2013, general damages for trespass, and costs. Its directors had leased the property to the defendant, Meya Ltd, for 5 years and 1 month from 1st February 2008, expiring 28th February 2013; the lease was not renewed. The defendant held over, attempted to deposit rent which the plaintiff returned, and relied on a conditional court order to pay rent during a pending appeal against the striking out of its defence. The defendant contended it was a protected/controlled tenant under Cap 301, ousting the court's jurisdiction in favour of the Business Premises Rent Tribunal. The court first resolved jurisdiction, applying the Lillian S and Samuel Kamau Macharia principles and Jubilee Insurance v Karegat, holding that the defendant was not a protected tenant since the lease had expired and was never renewed; the BPRT loses jurisdiction once a lease expires, leaving the ELC with exclusive mandate. The defendant's continued occupation was held to be trespass. Mesne profits were refused because they are special damages requiring specific pleading and proof, and because mesne profits and general damages for trespass cannot both be awarded; general damages for trespass of Kshs 5 Million were awarded as trespass is actionable per se. The court ordered vacant possession within 30 days, failing which eviction to issue, general damages of Kshs 5 Million, and costs of the suit with interest. The suit was thus partially allowed.

Key legal issues

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01

Whether the court had jurisdiction given the Defendant's claim of protected tenancy under Cap 301

Holding

The Defendant was not a protected tenant; the lease had expired and was not renewed, so no controlled tenancy existed and the court had jurisdiction

Reasoning

The court applied the Owners of Motor Vessel 'Lillian S' principle that jurisdiction must be determined first. Relying on Section 2(1)(a) of Cap 301 and Jubilee Insurance v Karegat, it found that continued payment of rent after expiry of a lease does not create a controlled tenancy. The BPRT loses jurisdiction once a lease expires, and the ELC has exclusive mandate over possession, trespass and damages.

p. 7
02

Whether the Defendant's continued occupation after expiry of the lease amounted to trespass

Holding

Yes; the Defendant became a trespasser upon expiry of the lease and the Plaintiff was entitled to vacant possession

Reasoning

The lease expired on 28th February 2013 and was never renewed. The Plaintiff rejected the Defendant's attempt to regularise the tenancy by returning rent deposited into its account, and subsequent rent receipts were pursuant to a court-ordered conditional stay during a pending appeal, not acquiescence. Following Relisa Housing and R&K Investments, the holding-over defendant became a trespasser.

p. 8
03

Whether the Plaintiff was entitled to mesne profits and general damages for trespass

Holding

Mesne profits refused for failure to specifically plead and prove, and because mesne profits and general damages for trespass cannot be claimed together; general damages for trespass of Kshs 5 Million awarded instead

Reasoning

Mesne profits are special damages that must be specifically pleaded and proved (Luva v Kimbio; Karanja Mbugua). The Plaintiff also could not have entered a binding lease with a prospective tenant while the Defendant's possession was unresolved. Following Oanda and Maina Kabuchwa, the court could grant only one remedy and elected general damages for trespass, which are actionable per se, assessing them at Kshs 5 Million.

p. 10

Legal principles established

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  • A tenant who remains in occupation after expiry of a lease without renewal is not a protected/controlled tenant under Cap 301, and the Business Premises Rent Tribunal loses jurisdiction once the lease expires, leaving the ELC with exclusive mandate over possession, trespass and damages
  • A holding-over tenant becomes a trespasser where the lease has expired and was not renewed
  • A party must choose between mesne profits and general damages for trespass; mesne profits are special damages that must be specifically pleaded and proved
  • Trespass is actionable per se and no proof of specific damage is required once trespass is proved

Court orders

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  1. 1.An order directing the Defendant to give vacant possession of Nakuru Municipality Block 5/43 (Elgon House) within 30 days, failure to which eviction orders to issue
  2. 2.General damages for trespass of Kshs 5 Million to the Plaintiff
  3. 3.Costs of the suit and interest thereon

Authorities

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Legislation

  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)Section 2 (definition of controlled tenancy)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)Section 2(1)(a)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)Section 4
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)Section 6; Section 9; Section 12(1)(a)-(n); Section 12(4)
  • Land ActSection 60(1) & (2)
  • Civil Procedure ActOrder 21, Rule 13

Cases cited (20)

  • Serem v Bett
    (Civil Appeal 48 of 2019) [2023] KEHC 17698
  • D.L. Koisagat Tea Estate Ltd v Eritrea Orthodox Tewahdo Church Ltd
    [2015] eKLR
  • Republic v Chairperson - Business Premises Rent Tribunal at Nairobi & another Ex-Parte Suraj Housing & Properties Limited & 2 others
    [2016] eKLR
  • John Kiragu Kimani v Rural Electrification Authority
    [2018] KEELC 810 (KLR)
  • Kenya Hotel Properties Limited v Willesden Investments Limited
    (Civil Application 322 of 2006) [2007] KECA 401 (KLR) (9 March 2007) (Ruling)
  • Christine Nyanchama Oanda v Catholic Diocese of Homa Bay Registered Trustees
    [2020] KECA 536 (KLR)
  • Samuel Kamau Macharia & Another v Kenya Commercial Bank Limited & 2 Others
    [2012] eKLR
  • Owners of Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] KLR 1
  • Gisemba v Kenya Breweries Ltd
    [2015] eKLR
  • Radheshyam & Co Ltd v Prtam Singh
    [2005]
  • Republic v Business Premises Rent Tribunal & Another Ex-Parte Albert Kigera Karume
    [2015] eKLR
  • Re Hebtulla Properties Ltd.
    [1979] KLR 96; [1976-80] 1 KLR 1195
  • Jubilee Insurance co. ltd v Joseph Ndung'u Karegat/a Leather Touch Foot Care specialist
    [2014] eKLR
  • Luva v Kimbio & 3 others
    [2023] KEELC 16462 (KLR)
  • Karanja Mbugua & another v Marybin Holding Co. Ltd
    [2014] eKLR
  • Maina Kabuchwa v Gachuma Gacheru
    [2018] eKLR
  • Peter Mwangi Msuitia & Another v Samow Edin Osman
    (2014) eKLR
  • Park Towers Ltd v John Mithamo Njika and 7 Others
    2014 eKLR
  • Relisa Housing Co-operative Society Ltd v Grace Atieno & another
    [2004] eKLR
  • R&K Investments v Evanson Gitau
    [1998] eKLR
Jurisdiction invoked
Environment and Land Court jurisdiction over possession and trespass disputes; Cap 301 (Landlord and Tenant (Shops, Hotels and Catering Establishments) Act) held inapplicable as no controlled tenancy existed

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Elgon House (2010) Ltd v Meya Agri Traders Limited (Land Case 121 of 2018) [2026] KEELC 911 (KLR)", Case Analysis (2026). Nakuru Municipality Block 5/43 suit, plaint dated 21st March 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/911/eng@2026-02-20

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