The Environment and Land Court in Nairobi has handed a major defeat to Equity Group Holdings CEO Dr. James Njuguna Mwangi and his associate Jane Wangui Mundia, ruling that Mount Pleasant Limited is the rightful owner of a 4.1-acre piece of land in Muthaiga valued at nearly Ksh1 billion.
Justice O.A. Angote, in a judgment delivered virtually on Thursday, declared that the title registered under Mwangi and Mundia was “null and void ab initio,” effectively stripping them of ownership and ordering their eviction within 30 days.
How the Controversy Began
Court records show that the contested parcel — formerly L.R. Nos. 214/20/1/1 and 214/20/2, later consolidated as L.R. No. 214/832 — was originally sold in 1982 by the late President Daniel arap Moi to Arthur and Margaret Magugu.
Mount Pleasant Limited told the court it later purchased the land from the Magugus in 2006 for Ksh130 million, producing a registered conveyance to prove ownership.
Dr. Mwangi and Ms. Mundia, however, maintained that they legally acquired the same property from Moi in December 2012 for Ksh320.6 million, obtaining a title deed in 2019.
Court: Moi Had No Title to Sell
Justice Angote found that Moi had already relinquished ownership in 1982, rendering any subsequent sale invalid.
“Having conveyed the two parcels to Arthur Kinyanjui Magugu and Margaret Wairimu Magugu, H.E. Daniel Moi no longer retained any proprietary interest capable of being conveyed to James Njuguna Mwangi and Jane Wangui Mundia,” he ruled.
The judge anchored his ruling on the nemo dat quod non habet principle — no one can transfer ownership of property they do not possess.
Irregular Title Registration
Evidence presented by the Chief Land Registrar revealed glaring procedural lapses in the registration process.
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The conveyance filed for the defendants referenced a different property,
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Some key entries in the land register were unsigned, and
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There was no proof that the original titles had been surrendered before amalgamation.
Justice Angote also faulted the defense advocate, Mary Wangui Kiarie, for failing to conduct a proper land search, saying she relied on a clerk’s verification instead of personally confirming ownership.
Court Dismisses Forensic Report
The defendants had tabled a forensic report questioning Mount Pleasant Limited’s documents. However, the court dismissed it, stating it was based on photocopies and lacked credible technical backing.
“A forensic examination, though expert opinion, is not binding on the court. It must be weighed against the totality of the evidence,” Justice Angote noted.
Damages and Orders
The judge ordered the Chief Land Registrar to cancel the title in Mwangi and Mundia’s names and register Mount Pleasant Limited as the rightful owner.
He also:
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Issued a permanent injunction barring the defendants from interfering with the property,
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Directed them to vacate within 30 days, and
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Awarded Mount Pleasant Limited Ksh10 million in general damages for trespass.
Police were authorized to assist in enforcing the eviction order if required.
Legal Experts React
Property lawyers say the ruling highlights the importance of due diligence in land transactions, even for high-profile buyers.
“Kenya’s property market has long suffered from weak verification systems and overlapping titles. This judgment reaffirms that even influential individuals are not immune to legal scrutiny,” said Dr. Wycliffe Mburu, a Nairobi-based property law expert.
The case has reignited debate over land registration integrity in Kenya, exposing procedural loopholes that make multi-million-shilling properties vulnerable to ownership disputes.
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