Sweet Pie Company Limited v Randu (Environment and Land Case E011 of 2023) [2025] KEELC 8516 (KLR) (26 November 2025) (Judgment)

Summary at a glance

Facts

Sweet Pie Company Limited (Plaintiff) claims that Daniel Hare Randu (Defendant) trespassed on their property and demolished a perimeter wall. The Plaintiff's employee, Mr. Samuel Charo, witnessed the incident on July 19, 2023. Mr. Fedinard Katunda confirmed that the Defendant sold land to the Plaintiff.

Issues

• whether the Plainti has proven ownership of the suit property
• whether the Plainti has demonstrated that the Defendant trespassed on the property
• whether the Defendant's counterclaim is justied
• who should bear the costs of this suit

Reasoning

The court ruled that the Plaintiff has proven ownership of the property and that the Defendant trespassed. The court also dismissed the Defendant's counterclaim.

Outcome

Appeal dismissed

Orders

• Plaintiff's claim for trespass and property damage upheld
• Defendant's counterclaim dismissed

Remedies

• Plaintiff awarded damages for trespass and property damage
• Defendant ordered to pay costs of the suit