Michelle Caliendo Maurizio & Carlo Besane v Sunreef Limited & 4 Others
The bottom line
#A Kenyan court awarded land buyers over Kshs 8 million after an illegal eviction, confirming you never need a court order to evict someone.
What this practically means
#Executive summary
#Key legal issues
#Effect of undefended counterclaim
The counterclaimants' uncontroverted evidence proved the claim and their ownership of the suit land
No defence or evidence was filed by any defendant to the counterclaim, who were all absent at the hearing. The evidence of PW1, Francisco Veltroni, including documents PEXH 1-5 and a video recording, therefore stood uncontroverted, establishing the counterclaimants as registered owners and victims of an illegal eviction.
Illegal self-help eviction and damages
The defendants' entry and eviction without a court order was an illegal eviction attracting general damages for trespass per se and punitive (exemplary) damages
The third and fourth defendants entered and evicted the plaintiffs without court orders or lawful execution, damaging property, evicting employees and taking over the house for some two years and three months before reinstatement. The court held such conduct undermines the rule of law and creates a culture of impunity, justifying both general damages per se and exemplary damages.
Quantum
Kshs 5,000,000 general damages, Kshs 2,000,000 exemplary damages and Kshs 1,046,800 special damages awarded jointly and severally against the 3rd and 4th defendants
Guided by comparators where Kshs 5,000,000 and lower nominal sums were awarded, and considering the briefer duration of the trespass against the counterclaimants' plea of Kshs 10,000,000, the court fixed general damages at Kshs 5,000,000 and, for the egregious conduct, exemplary damages at Kshs 2,000,000, plus pleaded and proved special damages.
Trust for sale and indefeasibility
Upon nullification of the transfer, a trust for sale arose in favour of the counterclaimants and the first defendant must execute a transfer to them
Relying on sections 24, 25 and 26 of the Land Registration Act on the incidents and conclusiveness of registered title, and the plea that the purchasers were purchasers for value without notice, the court declared the trust for sale in favour of the counterclaimants and ordered execution of a transfer, failing which the Deputy Registrar to execute it.
Legal principles established
#- Trespass to land is actionable per se; no proof of actual damage is needed
- Self-help eviction bypassing legal process warrants punitive measures
Court orders
#- 1.Declaration that the purported eviction of the plaintiffs without a court order was illegal, null and void
- 2.Declaration that the plaintiffs are the bona fide owners of portion number 2914 (original number 514/53)
- 3.Declaration that a trust for sale was created in favour of the plaintiffs; first defendant compelled to execute a transfer, failing which the Deputy Registrar to execute it
- 4.Permanent injunction restraining the third and fourth defendants from trespassing, evicting or interfering with the plaintiffs' quiet possession
- 5.General damages for trespass of Kenya Shillings 5,000,000 against the 3rd and 4th defendants to the counterclaim jointly and severally
- 6.Exemplary damages of Kenya Shillings 2,000,000 against the 3rd and 4th defendants to the counterclaim jointly and severally
- 7.Special damages of Kenya Shillings 1,046,800 against the 3rd and 4th defendants to the counterclaim jointly and severally
- 8.Interest at court rates
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act over the counterclaim concerning title, trust for sale and trespass to land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Michelle Caliendo Maurizio & Carlo Besane v Sunreef Limited & 4 Others", Case Analysis (2026). ELC Case Number 101 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5733/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.