Azam Motoring Logistics Ltd v Lolmodooni & 2 others (Land Case E006 of 2024) [2026] KEELC 1238 (KLR)
The bottom line
#A Kenyan court confirmed that even when a land case is undefended, the owner must still prove ownership — and a registered title plus trespass photos were enough to win a permanent injunction.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff, as registered proprietor, proved entitlement to a permanent injunction against the defendants who trespassed on the suit land
The plaintiff proved its case on a balance of probabilities; the chain of title from Xplico Insurance to Edmund Muturi to the plaintiff was established by the title documents, and photographs showed the land being ploughed, establishing infringement of a legal right. The claim was allowed in terms of the amended plaint with costs.
Relying on section 107 of the Evidence Act and authorities on proof, the court held that even in formal proof the plaintiff must establish its facts. A perusal of the title documents confirmed ownership through Xplico Insurance, Edmund Muturi and then the plaintiff. Section 25 of the Land Registration Act entitles the registered owner to enjoyment of the land free of other interests. Photographs showed ploughing on the land, corroborating trespass, so the right claimed was established and infringed.
Legal principles established
#- Even where a suit proceeds as formal proof, the plaintiff bears the legal burden of proving its case
- A registered owner is entitled to enjoy land free from all other interests except those provided for by statute under section 25 of the Land Registration Act
Court orders
#- 1.Plaintiff's claim allowed in terms of the amended plaint, including the permanent injunction restraining the 1st, 2nd and 3rd defendants, their agents, employees, servants or anybody acting on their behalf from trespassing on, harassing or interfering with the plaintiff's quiet possession, ownership, occupation and use of LR No. Sipili Donyoloip Block 1/1960 (Laikipia)
- 2.Costs of the suit awarded to the plaintiff
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a dispute concerning title to and trespass on land (Land Registration Act, section 25; Evidence Act, section 107)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Azam Motoring Logistics Ltd v Lolmodooni & 2 others (Land Case E006 of 2024) [2026] KEELC 1238 (KLR)", Case Analysis (2026). Nanyuki ELC Case (plaint dated 11.3.2024, amended 4.4.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1238/eng@2026-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.