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The court awarded MCB USD 6.5 million against Jade Petroleum only, holding subrogation supported reimbursement, but the guarantors were not liable without proof of contractual demand.
The court held that L.R. No. 13867/2 was matrimonial property and divided beneficial ownership 75% to the applicant and 25% to the respondent.
The High Court allowed amendments to the succession petition, corrected the beneficiary and asset schedule, and issued an amended certificate of confirmation of grant.
The court upheld a land sale agreement, found no proved forgery or illegality, and ordered specific performance against the defendants.
Kagali v Yalaist & another (Environment and Land Appeal E021 of 2024) [2026] KEELC 5364 (KLR) (31 August 2026) (Judgment)
The appeal was partly allowed. The court upheld refusal of specific performance and cancellation of title, but added Kshs. 170,000 for proved litigation expenses.
Otieno v Nyakongo (Enviromental and Land Originating Summons E023 of 2026) [2026] KEELC 5365 (KLR) (31 August 2026) (Ruling)
The court dismissed an injunction and stay application as a collateral attempt to halt execution of an existing eviction decree, and awarded costs to the respondent.
Ogutu v Opere (Environment and Land Appeal E029 of 2023) [2026] KEELC 5374 (KLR) (31 August 2026) (Judgment)
The court allowed the appeal, set aside the eviction and caution-removal orders, and dismissed the respondent’s suit, holding trespass was not proved.
Nyagowa v Olum & 2 others (Environment and Land Appeal E007 of 2026) [2026] KEELC 5362 (KLR) (31 August 2026) (Judgment)
The appeal succeeded after the court held that the refusal of temporary injunction turned on contested co-ownership and succession issues that should not have been finally decided at interlocutory stage.
Omari v Tuku & 3 others (Environment and Land Case E063 of 2026) [2026] KEMC 789 (KLR) (27 August 2026) (Ruling)
The Notice of Motion could not stand as an interlocutory application in the absence of a demonstrated plaint or other valid originating process constituting a substantive suit. That absence was not a mere technicality but a jurisdictional defect. Independently, the Applicant also failed to meet the higher threshold for interlocutory mandatory relief because the transaction history, alleged payment disputes, substitute parcel claim, and competing possession questions were too contested for final interlocutory orders.
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Migot (Formerly Daudi Odhiambo Migot) v Otieno (Personal Legal Representative of the Estate of the Late Jemima Akinyi Oyare) (Environment and Land Appeal 57 of 2019) [2026] KEELC 5344 (KLR) (21 August 2026) (Judgment)
The appeal against the interlocutory ruling was incompetent because the ruling was a consent order and the appeal was filed out of time without leave. The sale of the deceased’s land before grant confirmation was void under section 45, but the respondent was still entitled to restitution of the purchase price because the appellant’s family received the money while the appellant later took title to the land himself, creating unjust enrichment. The trial court properly dismissed the appellant’s trespass claim and awarded refund, interest and costs.
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