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Trompell v Titus (Environment and Land Case 124 of 2021 & Miscellaneous Case E003 of 2023 (Consolidated)) [2025] KEELC 5831 (KLR)

Environment & Land Court
30 July 2025
1,944 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered a disputed Diani property sold at Kshs 26 million after preferring a government valuation over a private one.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kwale (Hon. Justice L.L Naikuni, delivered virtually on 30th July 2025) arises from execution of the court's judgment of 3rd February 2022, which declared the Plaintiff, Bernd Trompell, and the Defendant, Jessica Mwkalit Titus - former intimate partners who jointly acquired the suit property LR No. Kwale/Diani Complex/644 - registered proprietors in common, each entitled to 50% of its value upon valuation by the Government Land Valuer, Kwale. Disputes arose over two competing valuation reports: one by Wyco Valuers & Company (for the Defendant) and one by the County Land Valuation and Survey Department dated 28th May 2025 (for the Plaintiff). The court framed two issues: which valuation report should be affirmed as authoritative, and who should bear the costs of valuation and subsequent processes. The court affirmed the Government Valuation Report, valuing the property at Kshs. 26,000,000, finding it compliant with the original court order, impartial, recent and methodologically sound. The Defendant's objections on depreciation were rejected for lack of evidence, and a third valuation was declined as unnecessarily dilatory. On costs, the court applied the principle that costs follow the event under Section 27(1) of the Civil Procedure Act, but found it equitable to share valuation and process costs equally as originally ordered. The court ordered sale of the property within ninety days with proceeds divided equally, granted the Plaintiff a 30-day option to buy out the Defendant's share, directed the Defendant to vacate within 30 days of completion failing which eviction under Section 152E of the Land Act may be sought, and ordered each party to bear their own costs of the ruling.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Government Survey Report or Wyco Valuers & Company survey should be affirmed as the authoritative valuation for the Suit Property, given the conflicting positions of the parties and the existence of multiple valuation reports
  2. 2.Who shall bear the costs of the valuation and subsequent processes

Key legal issues

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01

Which of the competing valuation reports should be adopted for execution of the judgment

Holding

The Government Land Valuer's report dated 28th May 2025 was affirmed as the authoritative valuation at Kshs. 26,000,000

Reasoning

The 3rd February 2022 judgment mandated valuation by the Government Land Valuer, Kwale. The report was prepared by a qualified public officer, complied with the court order, used standard methodology, and was recent. The Defendant's privately commissioned report lacked impartiality and was not mandated by the original orders; the depreciation objection lacked evidential support and a third valuation would only delay execution.

p. 3
02

Who bears the costs of the valuation and subsequent processes

Holding

Costs of the valuation, sale or buyout borne equally, consistent with the original order; each party to bear their own costs of the ruling

Reasoning

Costs are at the court's discretion and follow the event under Section 27(1) of the Civil Procedure Act. However, the original judgment had ordered valuation costs to be shared equally, and the court found it equitable that the costs of valuation and subsequent processes be shared equally as initially ordered.

p. 4

Legal principles established

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  • Costs follow the event and the successful party is typically entitled to costs unless there are compelling reasons to decide otherwise; the award of costs is at the discretion of the court
  • A valuation report prepared in compliance with a court order, by a qualified public officer, is to be preferred over a privately commissioned report for execution purposes

Court orders

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  1. 1.The Government Valuation Report dated 28th May 2025 affirmed as the authoritative valuation of the Suit Property for purposes of executing the Judgment of 3rd February 2022
  2. 2.Suit Property Kwale/Diani Complex/644 valued at Kshs. 26,000,000/= for equitable division
  3. 3.Suit Property to be sold within ninety (90) days from the date of the ruling, proceeds divided equally (50% each) between the parties
  4. 4.Plaintiff/Decree Holder at liberty to buy out the Defendant's 50% share at the valued amount within 30 days
  5. 5.Costs of the sale or buyout process, including incidental expenses, borne equally by the parties
  6. 6.Defendant to vacate the Suit Property within 30 days of completion of the sale or buyout, failing which eviction may be sought under Section 152E of the Land Act, No. 6 of 2012
  7. 7.Each party to bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction; execution of the court's own judgment of 3rd February 2022

Relief refused

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Defendant's proposal to adopt its own valuation report dated 14th August 2024 or commission a third valuation

A third valuation would further delay execution without sufficient justification; the Government report is recent, impartial and compliant with court orders

p. 3

Defendant's objection on depreciation of property value

No compelling evidence of significant depreciation was adduced

p. 3

Costs

Each party shall bear their own costs; costs of the valuation, sale or buyout process and incidental expenses to be borne equally by the parties.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

That the Government Valuation Report dated 28th May 2025 be and is hereby afirmed as the authoritative valuation of the Suit Property for the purposes of executing the Judgment of 3rd February 2022.
p. 4Affirmation of Government valuation report
That the suit property herein, Kwale/Diani Complex/644 is hereby valued at a sum of Kenya Shillings Twenty Six Million only (Kshs. 26,000,000/=.
p. 4Valuation figure
That an order made to have the Suit Property sold of within the next ninety (90) days from the date of this ruling, with the proceeds divided equally (50% each) between the Plaintifi/Decree Holder and the Defendant/Judgement Debtor.
p. 4Sale and division of proceeds
That, notwithstanding the above order under ( c ) above, the Plaintifi/Decree Holder shall be at liberty to buy out the Defendant’s 50% share at the valued amount within 30 days.
p. 4Buyout option
That each party shall bear their own costs.
p. 5Costs of the ruling
The Proviso of Section 27 (1) of the Civil Procedure Rules Cap. 21 Laws of Kenya holds that Costs follow the events.
p. 4Costs principle

Issues in the judgment

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minor

The judgment inconsistently cites Section 27(1) of the 'Civil Procedure Rules Cap. 21' while elsewhere referring to the 'Civil Procedure Act, Cap. 21'

minor

The court cites its own judgment (Sagalla Lodge Limited) as precedent for the costs principle

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Trompell v Titus (Environment and Land Case 124 of 2021 & Miscellaneous Case E003 of 2023 (Consolidated)) [2025] KEELC 5831 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5831/eng@2025-07-30

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