Wayumba & 2 others (Suing as the Trustees of Avenue Park Self Help Association) v Sevo Limited & 2 others (Environment and Land Case E253 of 2024) [2026] KEELC 3950 (KLR)
The bottom line
#A Nairobi court ordered a developer to hand over land documents within 30 days, or the Lands Registrar will complete the transfer anyway.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Plaintiff is entitled to an order of specific performance.
- 2.Whether a mandatory injunction may issue against the 2nd and 3rd Defendants if the 1st Defendant fails to comply.
Key legal issues
#Whether a valid enforceable contract existed entitling the Plaintiff to specific performance
Yes. The duly executed Transfer Agreement and Transfer Forms of 25th January 2010 established a valid enforceable agreement, and the 1st Defendant was obliged to avail the mother title.
The court restated that specific performance requires a valid enforceable contract and that a party must prove offer, acceptance and consideration. PW1 produced the executed Agreement of Transfer and Transfer Form dated 25th January 2010, the copy of title, Trust Deed and Registration Certificate. There was no defence or rebutting evidence, so the court found a valid enforceable agreement and that the 1st Defendant, having signed the transfer forms, was bound to produce the mother title.
Whether a mandatory injunction could issue against the 2nd and 3rd Defendants if the 1st Defendant failed to comply
Yes, conditionally. If the 1st Defendant does not avail the mother title within thirty days, the 2nd and 3rd Defendants are to effect the transfer without the completion documents.
The court reasoned that since the Plaintiff had been utilising the suit property and there was no evidence rebutting its averments, justice required the transfer to proceed. The court fashioned a conditional remedy: the 1st Defendant gets thirty days to produce the mother title; failing compliance, the registration can be effected without it, giving effect to the parties' intention.
Legal principles established
#- Specific performance is an equitable remedy that issues only where there is a valid and enforceable contract and damages are inadequate.
- Where a transferor has signed transfer forms but withholds the mother title, the court may compel him to avail it, and failing that, the transfer may be effected without it.
Court orders
#- 1.An order of specific performance compelling the 1st Defendant, within thirty (30) days, to avail all the necessary completion documents, specifically the mother title, to allow LR No. 13768/64 and 13768/65 to be transferred to the Plaintiff.
- 2.If that order is not complied with within thirty (30) days, an order compelling the 2nd and 3rd Defendants to transfer LR No. 13768/64 and 13768/65 to the Plaintiff without the completion documents, specifically the mother title, being availed.
- 3.Costs of the suit awarded to the Plaintiff, to be borne by the 1st Defendant.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- First-instance civil suit by plaint under the court's original jurisdiction over land disputes; no specific provision invoked in the judgment
Relief refused
#Declaration that the 1st Defendant's title is extinguished by adverse possession
The court granted specific performance instead and made no adverse possession declaration; the alternative prayer was not determined.
Costs
The costs of this suit is awarded to the Plaintiff to be borne by the 1st Defendant.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is trite that the remedy of specific performance can only issue where there exists a valid and enforceable contract, as it is an equitable remedy granted where damages are inadequate.
In the foregoing, I find that the Plaintiff has proved their case on a balance of probability and will proceed to enter judgement in their favour as against the Defendants in the following terms
An order of specific performance be and is hereby issued compelling the 1st Defendant, within thirty (30) days from the date hereof, to avail all the necessary completion documents, specifically the mother title, for purpose of allowing the LR No. 13768/64 and 13768/65 to be transferred in the name of the Plaintiff.
If the order No. (a) is not complied within thirty (30) days from the date of this Judgement, an order be and hereby issued compelling the 2nd and 3rd Defendants to transfer LR No. 13768/64 and 13768/65 in the name of the Plaintiff, without the completion documents, specifically the mother title, among others, being availed.
The costs of this suit is awarded to the Plaintiff to be borne by the 1st Defendant.
Issues in the judgment
#The judgment is dated 30th June 2026, a future date relative to a plaint filed 19th June 2024; the year as printed ('2026') may be a typographical error.
The plaint sought compliance within 7 days of judgment, but the orders issued allow thirty (30) days.
The alternative adverse possession claim pleaded in the plaint was not addressed in the analysis or final orders.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wayumba & 2 others (Suing as the Trustees of Avenue Park Self Help Association) v Sevo Limited & 2 others (Environment and Land Case E253 of 2024) [2026] KEELC 3950 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3950/eng@2026-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.