The Environment and Land Court has dealt a major blow to Equity Bank Group chief executive James Njuguna Mwangi and his wife Jane Wangui Mwangi after finding that they unlawfully took possession of a prime multi billion shilling parcel of land in Nairobi’s Muthaiga estate.
In a detailed judgment that was delivered by Justice Oscar Angote, the court ruled that the couple had no valid legal claim to the property and ordered them to pay Ksh10 million in general damages for trespass, together with interest from the date of judgment until payment in full.
The dispute revolved around land originally registered as L.R. No. 214/20/1/1 and L.R. No. 214/20/2, which were later irregularly amalgamated into L.R. No. 214/832 and which the court declared belongs to Mount Pleasant Limited.
Justice Angote held that the alleged 2012 purchase of the land by Mwangi and his wife from the late former President Daniel arap Moi was null and void, citing glaring irregularities in the documents relied on by the couple.
The court identified missing volume references, unsigned land registry entries and inconsistent file numbers, concluding that the purported conveyance could not confer a valid title in law.
The judge further found that President Moi had ceased to own the property in 1982 after transferring it to Arthur Kinyanjui Magugu and his wife Margaret Magugu, meaning any later transaction purporting to sell the land again was legally untenable.
Justice Angote ruled that Mount Pleasant Limited lawfully acquired the property in 2006 for Ksh130 million after purchasing it from the Magugus, who had redeemed it from the National Bank of Kenya following a mortgage.
The court accepted evidence that Mount Pleasant registered the transfer, paid all requisite stamp duties and complied with regulatory requirements, thereby establishing a clear and lawful chain of ownership.
As a consequence, the court ordered the Chief Land Registrar and the National Land Commission to cancel the title held by Mwangi and his wife and rectify the land register to restore ownership to Mount Pleasant Limited.
The court also issued a permanent injunction restraining the couple or their agents from accessing, occupying or dealing with the property and authorised police assistance to enforce eviction if necessary.
In addition, Justice Angote awarded Mount Pleasant Limited profits of Ksh500,000 per month from the date of unlawful occupation.
Mwangi had testified that he purchased the land in December 2012 for Ksh320 million and claimed the sale was personally “blessed” by the former President at Kabarnet Gardens, after which he said he took possession and erected a boundary wall.
However, the court found that Mwangi failed to produce critical supporting documents, including a valid sale agreement, proof of payment for amalgamation, survey approvals and evidence of a lawful chain of title.
The suit had been filed in 2020 by Mount Pleasant Limited director Anverali Mohamed Karmeli Amershi, who testified that the company had been in continuous possession since 2006 and that attempts by the Mwangi family to assert ownership amounted to trespass.
Following the judgment, Mwangi and his wife moved to the Court of Appeal seeking a stay of execution pending appeal.
On 4 February 2026, the Court of Appeal ordered that the status quo be maintained pending the hearing and determination of the appeal and directed the couple to deposit Ksh10 million in a joint interest earning account held by the parties’ advocates within 60 days.
The appellate court also ordered that the appeal be fast-tracked for hearing.
Pending the outcome of the appeal, the High Court judgment stands as a decisive finding that the Muthaiga property belongs to Mount Pleasant Limited and that Mwangi and his wife’s claim to the land was and still remains, unlawful.
By Andrew Kariuki
