Kenya Electricity and Transmission Company Limited v Kassam & 4 others (Environment and Land Case 208 of 2021) [2025] KEELC 8604 (KLR) (10 December 2025) (Judgment)

Kenya Electricity and Transmission Company Limited v Kassam & 4 others (Environment and Land Case 208 of 2021) [2025] KEELC 8604 (KLR) (10 December 2025) (Judgment)

Neither party proved existence of a registered wayleave/easement over the suit property as described; plaintiff failed to prove entitlement to access or use land, and defendants failed to prove trespass or damages; both suit and counterclaim dismissed.

Citation
[2025] KEELC 8604 (KLR)
Parties
Plaintiff: Kenya Electricity Transmission Company Limited; 1st Defendant: Mahmood Kassam; 2nd Defendant: Jaffer Kassam; 3rd Defendant: Esmail Kassam; 4th Defendant: Musa Kassam; 5th Defendant: Essak Kassam
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
10 December 2025
Case Number
Environment and Land Case 208 of 2021
Procedural Posture
Civil (environment and Land) / Final Judgment
Outcome
Both suit and counterclaim dismissed.
Legal Topics
Wayleave Agreements, Easements, Trespass, Damages, Registration of Interests in Land
Source Language
English
Land Law Environmental Law Contract Law Wayleave Agreements Easements Trespass Damages Registration of Interests in Land

Case Brief

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Parties

Kenya Electricity Transmission Company Limited

Plaintiff

Mahmood Kassam

1st Defendant

Jaffer Kassam

2nd Defendant

Esmail Kassam

3rd Defendant

Musa Kassam

4th Defendant

Essak Kassam

5th Defendant

Procedural Posture

Civil (environment and Land) / Final Judgment

Legal Issues

  1. 1 Existence and validity of wayleave/easement over suit property
  2. 2 Whether plaintiff had permission/consent to use wayleave
  3. 3 Whether plaintiff trespassed into suit property

Ratio Decidendi

Neither party proved existence of a registered wayleave/easement over the suit property as described; plaintiff failed to prove entitlement to access or use land, and defendants failed to prove trespass or damages; both suit and counterclaim dismissed.

Court Disposition

Both suit and counterclaim dismissed.

Orders

  • Plaintiff's suit dismissed.
  • Defendants' counterclaim dismissed.