[2025] KEELC 4484 (KLR)

[2025] KEELC 4484 (KLR)

The court found that the lease between the plaintiff and defendant expired on 31/12/2023, and the defendant failed to exercise any right of renewal within the stipulated period or in the manner required by the lease. The purported new lease for 120 acres, entered into with the farm manager (DW2), was invalid as DW2...

Source-derived case information.

Citation
[2025] KEELC 4484 (KLR)
Parties
Plaintiff: Kenneth Shitsugane Olembo; Defendant: Jacob Nasongo Nalanda
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Judgment Date
11 June 2025
Case Number
Environment & Land Case E008 of 2024
Procedural Posture
Environment and Land Case / Judgment
Outcome
Plaintiff's suit allowed; defendant's defence and counterclaim dismissed.
Judges
CK Nzili
Legal Topics
Lease Termination, Eviction, Mesne Profits, Trespass to Land, Privity of Contract
Source Language
english
Land and Property Civil Procedure Lease Termination Eviction Mesne Profits Trespass to Land Privity of Contract

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 26 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kenneth Shitsugane Olembo

Plaintiff

Jacob Nasongo Nalanda

Defendant

Procedural Posture

Environment and Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order of eviction against the defendant from 50 acres of land forming part of LR No. 9XX9/3 (Plot No. XB Ndalala Settlement Scheme).
  2. 2 Whether the plaintiff is entitled to mesne profits for the defendant’s occupation of the land following expiry of the lease on 31/12/2023.
  3. 3 Whether the defendant had an automatic right to renewal or extension of the lease dated 8/9/2018 upon its expiry.

Ratio Decidendi

The court found that the lease between the plaintiff and defendant expired on 31/12/2023, and the defendant failed to exercise any right of renewal within the stipulated period or in the manner required by the lease. The purported new lease for 120 acres, entered into with the farm manager (DW2), was invalid as DW2 lacked authority to bind the plaintiff, and the plaintiff neither consented to nor benefited from the arrangement. The defendant’s continued occupation after expiry of the lease was without the plaintiff’s consent, rendering him a trespasser. The court held that the defendant could not enforce the purported new lease or claim specific performance, as there was no privity of...

Court Disposition

Plaintiff's suit allowed; defendant's defence and counterclaim dismissed.

Orders

  • The defendant shall hand over vacant possession of the 50 acres of land to the plaintiff within 3 months; in default, eviction to issue at the defendant’s cost.
  • Costs of the suit and counterclaim awarded to the plaintiff.