Masai & another v Munguti & another (Environment and Land Appeal E043 of 2023) [2026] KEELC 822 (KLR) (17 February 2026) (Judgment)

Facts

The respondents claimed the appellants trespassed on plot 603, which covers approximately 0.5 acres and is situated within Katelembo Athiani Muputi Farming & Co-operative Society Ltd. The appellants denied the trespass and sought a retrial.

Issues

1. The learned trial magistrate erred in law and fact in failing to find and hold that the appellants had proved their case.
2. The learned trial magistrate applied the wrong principles of law.
3. The learned trial magistrate failed to consider the appellants' evidence and submissions.
4. The learned trial magistrate misguidedly relied on the surveyor's testimony and report, which refers to plot nos. 603 and 608 instead of the correct plot nos. 603 and 607.
5. The learned trial magistrate failed to acknowledge that the society's surveyor conducted the survey exercise on 05/06/2008 and is the same surveyor who pointed out to the respondents their parcel no. 603.
6. The learned trial magistrate relied on an unregistered survey plan to arrive at her conclusion.
7. The learned trial magistrate arrived at a one-sided decision and issued an injunction order to a parcel that does not belong to the respondents.

Reasoning

The court found that the learned trial magistrate erred in law and fact in several aspects, including misguidedly relying on the surveyor's testimony and report, failing to consider the appellants' evidence and submissions, and arriving at a one-sided decision.

Outcome

Appeal upheld, contested judgment reversed, retrial ordered.

Authorities cited