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ELCPartially AllowedELCL.E107.2025-NBI· [2026] KEELC 3964 (KLR)

Leon Island International Ltd v Sang (Environment and Land Case E107 of 2025) [2026] KEELC 3964 (KLR)

Environment and Land Court
25 June 2026
2,397 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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A Nairobi court confirmed that any unauthorised entry onto private land is trespass, even briefly, but short intrusions attract only modest compensation.

What this practically means

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Executive summary

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By a plaint dated 13/3/2025, Leone Island International Limited sued Michael Muasya Ndunda seeking a permanent injunction restraining interference with LR No 12672/45 (now Nairobi Block 100/45). The Plaintiff asserted it purchased the land at a public auction on 15/12/2015 for Kshs 7 million, obtaining a vesting order dated 8/12/2022 and a transfer pursuant to a decree in Civil Suit No. 34 of 2015. It alleged that on 20/2/25 the Defendant entered the land, fenced it, erected a temporary iron-sheet structure and felled an over-300-year-old Mugumo tree. Nairobi City County officers removed the structures on 27/2/2025. The Defendant, though duly served, did not enter appearance or file a defence, and the suit proceeded as an undefended claim. Evance Ochieng testified for the Plaintiff. Framing the sole issue as whether trespass was proven, the court relied on sections 24 and 25 of the Land Registration Act read with Article 40 of the Constitution to find that the Plaintiff had proven beneficial ownership and possessory rights. Applying section 3(1) of the Trespass Act and the Charles Ogejo Ochieng formulation of the possessory right, the court found trespass established, noting the Defendant's own police statement confirmed the structures were dismantled by County officers, affirming the unlawful entry. On damages, applying authorities that trespass is actionable per se, the court awarded nominal general damages of Kshs 65,000 for a 7-day trespass, rather than the Kshs 1 million claimed. The suit succeeded; a permanent injunction issued and the court made no orders as to costs.

Key legal issues

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01

Whether the Plaintiff proved ownership/possessory rights over the suit land

Holding

The Plaintiff proved beneficial ownership through purchase at a public auction, a vesting order dated 8/12/22, and a duly executed transfer by the Executive Officer pursuant to court orders in Civil Suit No. 34 of 2015.

Reasoning

The court found the Plaintiff acquired the land at a public auction for Kshs 7 million. A vesting order dated 8/12/2022 vested the property in the Plaintiff, and the court perused a duly executed transfer by the Executive Officer. Under sections 24 and 25 of the Land Registration Act, read with Article 40 of the Constitution, registration vests absolute ownership and rights of a proprietor cannot be defeated except as provided in the Act.

p. 7
02

Whether the Defendant trespassed on the suit land

Holding

Trespass was established. The Defendant entered on 20/2/25, fenced the land, erected temporary structures and felled a Mugumo tree; the structures were removed by Nairobi City County officers on 27/2/25.

Reasoning

The Plaintiff's witness testified to uninterrupted possession from acquisition until the Defendant's entry. The Defendant did not enter appearance or file a defence, so the evidence was uncontested. The Defendant's own police statement confirming the dismantling of structures by City County officers affirmed the unlawful entry. Under section 3(1) of the Trespass Act, entering or erecting structures on private land without the occupier's consent is an offence.

p. 8
03

What damages are payable for the trespass

Holding

General damages of Kshs 65,000 awarded as a nominal sum, the trespass having lasted only 7 days (20/2/25 to 27/2/25).

Reasoning

Guided by precedent that trespass is actionable per se and no proof of damage is necessary, and by the Halsbury computation principles (nominal damages where no actual loss; compensatory damages for actual loss; use-based damages; exemplary damages for oppressive or cynical trespass), the court assessed damages case by case and fixed a nominal sum reflecting the short duration of the trespass.

p. 10

Legal principles established

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  • Trespass to land is actionable per se; once trespass is proved, the plaintiff need not prove actual damage for the court to award damages.
  • The proper plaintiff in an action for trespass to land is the person who has title to it or who is deemed to have possession of the land at the time of trespass.
  • Once possession and unauthorised entry are established, the burden shifts to the defendant to justify the entry.

Court orders

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  1. 1.Permanent injunction restraining the Defendant, either by himself or through his agents, servants and/or any other person purportedly authorised by him, from interfering with the Plaintiff's enjoyment and quiet possession of LR No 12672/45 (now Nairobi Block 100/45)
  2. 2.The Plaintiff is awarded Kshs 65,000/- payable by the Defendant being general damages for trespass
  3. 3.No orders as to costs

Authorities

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Legislation

  • Constitution of KenyaArticle 40
  • Land Registration Actsections 24, 25
  • Trespass Act, Cap 294section 3(1)
  • Government Land ActCap 280
  • Registered Land Act (Now Repealed)Cap 300

Cases cited (6)

  • Charles Ogejo Ochieng Vs Geoffrey Okumu
    [1995] EKLR
  • Kenya Power & Lighting Company Limited vs Fleetwood Enterprises Limited
    [2007] eKLR
  • Duncan Nderitu Ndegwa vs KP& LC Limited & Another
    (2013) eKLR
  • Park Towers Limited Vs John Mithamo Njika & 7 others
    [2014] EKLR
  • Nakuru Industries Limited
  • Duncan Ndegwa V Kenya Pipeline HCC No. 2577 of 1990 (Nairobi)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution over land and environment disputes

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, "Leon Island International Ltd v Sang (Environment and Land Case E107 of 2025) [2026] KEELC 3964 (KLR)", Case Analysis (2026). ELCL.E107.2025-NBI. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3964/eng@2026-06-25

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