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
#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.
- Jurisdiction invoked
- First-instance civil suit by plaint under the court's original jurisdiction over land disputes; no specific provision invoked in the judgment
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). . 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.