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ELCPartially Allowed· [2026] KEELC 3950 (KLR)

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)

Environment and Land Court
30 June 2026
2,122 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 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

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Executive summary

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The Plaintiff, an association of sectional property owners, sued over two parcels, LR No. 13768/64 and 13768/65, designated as playgrounds and carved out of the 1st Defendant's mother title LR No. 13768, IR No. 41906. It pleaded that by a Transfer Agreement dated 25th January 2010 the 1st Defendant agreed to transfer the suit properties and duly signed transfer forms, but refused to avail the mother title needed to complete registration. The Plaintiff sought specific performance, a conditional mandatory injunction against the 2nd and 3rd Defendants to register the transfer without the mother title, and alternatively a declaration of adverse possession. The 1st Defendant did not enter appearance; the 3rd Defendant appeared for the 2nd Defendant but no defences were filed and no witnesses called. The suit proceeded by viva voce evidence from the Plaintiff's chairperson, who produced the executed transfer agreement and forms. Framing two issues - entitlement to specific performance and whether a mandatory injunction could issue against the 2nd and 3rd Defendants - the court held that a valid enforceable contract existed, unrebutted by any evidence, and that the 1st Defendant was bound to produce the mother title. Judgment was entered for the Plaintiff: specific performance compelling the 1st Defendant to avail the completion documents within thirty days, failing which the 2nd and 3rd Defendants were directed to effect the transfer without the mother title. Costs were awarded to the Plaintiff against the 1st Defendant. The alternative adverse possession prayer was not determined.

Key legal issues

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01

Whether a valid enforceable contract existed entitling the Plaintiff to specific performance

Holding

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.

Reasoning

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.

p. 4
02

Whether a mandatory injunction could issue against the 2nd and 3rd Defendants if the 1st Defendant failed to comply

Holding

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.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 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. 3.Costs of the suit awarded to the Plaintiff, to be borne by the 1st Defendant.

Authorities

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Cases cited (6)

  • Reliable Electrical Engineers Ltd v Mantrac Kenya Limited
    (2006) eKLR
  • Amina Abdulkadir Hawa v Rebinder Nath & Another
    [2012] eKLR
  • Thrift Home Limited v Kenya Investment Limited
    [2015] eKLR
  • National Bank of Kenya Ltd v Pipeplastic Samkolit (K) Ltd & another
    [2001] eKLR
  • William Muthee Muthami v Bank of Baroda
    [2014] eKLR
  • William Kazungu Karisa v Cosmas Angore Chanzera
    [2006] eKLR
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

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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, "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.