Wamaguru & 3 others v Muigai (Enviromental and Land Originating Summons E009 of 2025) [2026] KEELC 2708 (KLR) (5 May 2026) (Ruling)
Because the parties gave irreconcilable versions on the developments and utilization of the suit land, the court found it necessary to defer the ruling and ordered a scene visit by the Deputy Registrar with the parties to establish the factual position before further determination.
Source-derived case information.
- Citation
- [2026] KEELC 2708 (KLR)
- Parties
- 1st Applicant: Wambugu Wamaguru; 2nd Applicant: Kimondo Wamaguru; 3rd Applicant: Peter Ndiruka Kihanya; 4th Applicant: Ben Gathogo; Respondent: Peter Nyoike Muigai
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E009 of 2025
- Procedural Posture
- Environment and Land Originating Summons; Interlocutory Injunction Application / Ruling on Notice of Motion Pending Hearing of the Suit
- Outcome
- Ruling deferred; scene visit ordered.
- Judges
- ["LN Mbugua"]
- Legal Topics
- Adverse Possession, Interlocutory Injunction, Scene Visit/site Inspection, Possession and Occupation of Land, Land Encroachment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wambugu Wamaguru
1st Applicant
Kimondo Wamaguru
2nd Applicant
Peter Ndiruka Kihanya
3rd Applicant
Ben Gathogo
4th Applicant
Peter Nyoike Muigai
Respondent
Procedural Posture
Environment and Land Originating Summons; Interlocutory Injunction Application / Ruling on Notice of Motion Pending Hearing of the Suit
Legal Issues
- 1 Whether the court should grant an injunction restraining interference with the suit land pending hearing of the suit.
- 2 Whether the factual dispute over occupation, developments, and use of the suit land requires a site visit before determination.
Ratio Decidendi
Because the parties gave irreconcilable versions on the developments and utilization of the suit land, the court found it necessary to defer the ruling and ordered a scene visit by the Deputy Registrar with the parties to establish the factual position before further determination.
Court Disposition
Ruling deferred; scene visit ordered.
Orders
- The Deputy Registrar of the court shall visit the scene with the parties and/or their appointed representatives.
- The Deputy Registrar shall file a report on the nature of developments on the suit land, including structures and fences, and on how the land is being utilized.
Full Case Text
Judgment text and source record
1 paragraphs
Wamaguru & 3 others v Muigai (Enviromental and Land Originating Summons E009 of 2025) [2026] KEELC 2708 (KLR) (5 May 2026) (Ruling) Neutral citation: [2026] KEELC 2708 (KLR) Republic of Kenya In the Environment and Land Court at Nyahururu Enviromental and Land Originating Summons E009 of 2025 LN Mbugua, J May 5, 2026 Between Wambugu Wamaguru 1st Applicant Kimondo Wamaguru 2nd Applicant Peter Ndiruka Kihanya 3rd Applicant Ben Gathogo 4th Applicant and Peter Nyoike Muigai Respondent Ruling 1.Before me is a notice of motion application dated 29.10.2025 filed contemporaneously with the suit which is based on adverse possession. The plaintiffs seek orders of injunction restraining the respondent from interfering with the suit parcel Laikipia/ Nyahururu/225 pending the hearing of the suit. The applicants aver that they have been in exclusive possession of the suit land for a period of over 50 years, that is where they have established homes. However, on 30.9.2025, the respondent sent goons to destroy their crops, prompting the applicants to lodge a complaint with the police vide OB NO. 04/02/9/2025. 2.The respondent has opposed the application vide his replying affidavit dated 27.11.2025. He avers that he bought the suit parcel from the father of the applicants way back in 1983 and he took over possession thereof and he was also issued with a title deed on 15.2.1984. That he remained on the suit land until year 2024 when he learnt that the applicants had encroached on the suit land. He contends that no cultivation or structures are on the suit land, though now there is a newly erected structure on the suit land. 3.In view of the fact that the protagonists have proffered a different script regarding the nature of developments on and utilization of the suit land, this court finds it expedient to defer the ruling until the scene is visited by the court. As such, an order is hereby issued for the Deputy Registrar of the court to visit the scene with the parties and or their appointed representatives and to file a report thereof capturing the following;a.The nature of the developments on the suit land including any structures, fences etcb.How the land is being utilized. DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 5TH DAY OF MAY 2026 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Bedan – Court AssistantAbuya M. Advocate for the ApplicantsOlute Advocate for the Respondent