Tharao & another v Mwai & 3 others (Environment and Land Case 493 of 2008) [2025] KEELC 18539 (KLR) (14 November 2025) (Judgment)

Summary at a glance

Facts

Two sets of title documents in respect of the same parcel of land, Limuru Town/196, are claimed by the Plaintiffs and the 2nd Defendant. The Plaintiffs claim the 1st Defendant fraudulently obtained a lease certificate, while the 1st Defendant claims the Plaintiffs fraudulently obtained a lease certificate.

Issues

• Which title document is genuine for the parcel of land Limuru Town/196?
• Who are the legal lessees of the parcel of land Limuru Town/196?

Reasoning

The court found discrepancies in the documents presented by both parties, including inconsistencies in the allotment letters and the presentation of documents in the registry.

Outcome

The Plaintiffs are declared the legal lessees of the parcel of land Limuru Town/196. The 1st and 2nd defendants are ordered to pay Kshs 9,600,000 in damages and costs.

Orders

• Declare the lease certificate for plot NO Limuru Town/196 registered in the name of Joseph Kinyanjui Mwai and transferred to Joseph Warari Gathoga a forgery and illegally obtained.
• Declare Kuria Tharao and James Waiganjo Gitungo the legal lessees of plot No Limuru Town/196.
• Cancel the lease certificate registered in the name of Joseph Warari Gathoga for plot No Limuru Town/196.
• Order the 1st and 2nd defendants to pay Kshs 9,600,000 in damages.
• Order the 1st and 2nd defendants to pay costs of the suit.

Remedies

• Damages of Kshs 9,600,000 in mesne profits.
• Costs of the suit to be paid by the 1st and 2nd defendants.