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Kenya decisions
Decisions matching the current search
The High Court annulled a confirmed grant after finding the rice holding was government land under licence, not part of the deceased’s free property.
The court dismissed a claim over alleged demolition of Eastleigh plots, finding the plaintiffs did not prove the county was responsible for the destruction.
The court dismissed a review motion against a conditional stay order, holding that execution after default was not a new matter and review was improper pendency of appeal.
The court upheld claims over plots 177, 185 and 186, found the 10th defendant acquired no interest, held the planning authorities breached Article 47, and dismissed the counterclaim.
The court declined to join the proposed interested party, finding the judicial review application was confined to enforcement of an earlier judgment and not ownership disputes.
The court dismissed a preliminary objection, holding that limitation, alleged fraud, and land-control issues raised contested facts requiring trial evidence.
The court dismissed a trespass claim over land parcel CISMARA/OLCHORO/38, finding the dispute was really about an access road and boundary location.
The court allowed transfer of a 2019 magistrates’ court land suit to the Environment and Land Court in Narok, rejecting a late jurisdiction challenge based on a later valuation.
The High Court partially reviewed a confirmed succession grant to add omitted pension and Safaricom shares, but declined to redistribute the deceased co-wife’s share to her children.
The appeal partly succeeded. The court set aside unpleaded findings on fraud and estate ownership, but upheld dismissal of the suit and the costs order.
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