Mamboleo Women Group Co-operative Society Limited v Ngeno & 9 others; District Land Registrar, Nakuru (Interested Party) (Interested party in the 1st, 2nd, 3rd, 4th, 5th, 7th, 8th and 9th defendants counterclaim dated 11th May, 2022) (Environment & Land Case E010 of 2021) [2024] KEELC 5666 (KLR)
The bottom line
#A Kenyan landowner's trespass case failed because it had no evidence placing the defendants on the land, and everyone walked away paying their own costs.
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 the orders sought
- 2.Who is to bear the costs
Key legal issues
#Whether the plaintiff proved trespass against the defendants
The claim for trespass was not proved; the plaintiff did not discharge its burden of proof
PW1 admitted the plaintiff's parcel and the defendants' parcels are far apart, with other parcels between them. The boundary implementation report showed squatters on the plaintiff's land but did not identify the defendants. No photographic or other evidence of the alleged invasion was produced. The defendants likewise failed to prove their counterclaim of trespass by the plaintiff.
Whether the plaintiff's argument that Enakishomi Group Ranch expanded onto its land was persuasive
Not persuasive; the parcels being far apart, residents of parcel 115 could not extend onto the suit property
The map (Ex. 6) shows parcels 182 and 115 far apart with other parcels in between. PW1 testified the distance between them is 2 to 4 kilometres, making it implausible that the defendants' occupation of parcel 115 extended onto parcel 182.
Legal principles established
#- He who alleges must prove, and proof in civil matters is on a balance of probability
Court orders
#- 1.The amended plaint dated 18th October, 2021 is dismissed
- 2.The counterclaim dated 11th May, 2022 is dismissed
- 3.Each party shall bear its own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (trespass and title to land)
Relief refused
#Declaration of ownership of Narok/Cis-Mara/Ololunga/182 and injunction/eviction/mesne profits/general damages for trespass
Plaintiff failed to discharge its burden of proving trespass by the defendants; the parcels are far apart
Counterclaim for declaration of ownership of parcels 7133, 6901, 6868, 6386 and 7095 and injunction
Defendants equally failed to substantiate their claims of invasion by the plaintiff
Costs
Each party shall bear its own costs.
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.
I find that the plaintifi has not discharged its burden of proving the acts of trespass said to have been done by the defendants.
The two parcels being far apart, it is not possible that those residing in parcel 115 to extend their land the suit property.
It follows therefore, that the amended plaint dated 18th October, 2021, and the counterclaim dated 11th May, 2022 are hereby dismissed. Each party shall bear its own costs.
Issues in the judgment
#The 6th and 10th defendants are mentioned as excluded from the defence/counterclaim but their identity and participation are not otherwise explained
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mamboleo Women Group Co-operative Society Limited v Ngeno & 9 others; District Land Registrar, Nakuru (Interested Party) (Interested party in the 1st, 2nd, 3rd, 4th, 5th, 7th, 8th and 9th defendants counterclaim dated 11th May, 2022) (Environment & Land Case E010 of 2021) [2024] KEELC 5666 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5666/eng@2024-08-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.