Kenya Case Law

Kamuya (Suing as the Administrator of the Estate of Kamuya Kavingo) v Muinde

Court

Environment and Land Court

Case number

Environment and Land Appeal E002 of 2025

On first appeal, the court held a 1984 land sale agreement enforceable under the pre-2003 Law of Contract Act, found no bar from absent Land Control Board consent, and imposed a constructive trust over 36 metres of land after 30 years' possession.

• Enforceability of unwritten or pre-2003 land sale agreements
• Section 3(3) law of contract act (pre- and post-2003 amendment)
• Land control act consent requirement
• Constructive trust over land
• Identifiability of land subject matter
• Trespass to land and damages

Ublagger v Nduta & 2 others

Court

Environment and Land Court

Case number

Environment and Land Case E587 of 2025

Judge

CG Mbogo

The Environment and Land Court stayed a suit over Apartment B1006, Elina Residences, Nairobi, and referred the dispute with the 1st defendant to arbitration under a trust deed clause.

• Jurisdiction of the environment and land court
• Arbitration clause in trust deed
• Stay of proceedings pending arbitration
• Forfeiture of right to arbitrate by taking substantive steps
• Non-signatory parties to arbitration agreement
• Interim injunctions and conservatory orders

Otieno alias Evance Chiro v Kottonya alias Beryl Kottonya Omune

Otieno alias Evance Chiro v Kottonya alias Beryl Kottonya Omune (Civil Appeal E010 of 2024) [2026] KEHC 9056 (KLR) (23 June 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E010 of 2024

Judge

["JR Karanja"]

The appellate court held that, on the pleaded facts, the dispute was founded on a constructive trust and therefore fell within the jurisdiction of the High Court under the Trustee Act; the appellant’s preliminary objection was properly taken as a pure point of law, and the magistrate’s court had no jurisdiction to hear the suit.

Source excerpt

• Jurisdiction
• Preliminary objection
• Constructive trust
• Express trust
• Want of jurisdiction
• Striking out suit

In re Minini

In re Minini (Environment and Land Miscellaneous Case E016 of 2016) [2026] KEELC 3716 (KLR) (17 June 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E016 of 2016

Judge

["JM Kamau"]

The court treated the matter as an exception because the dominant issue was the proposed sale of land held in trust for beneficiaries whose education and welfare urgently required funding. Although the application arose from succession proceedings, the subject matter was land and the circumstances made it unreasonable to send the parties to the High Court. The court therefore exercised jurisdiction, granted the uncontroverted prayers, and required the applicant to account for the proceeds under court supervision.

Source excerpt

• Sale of inherited land
• Trustee powers
• Beneficiaries' welfare and education
• Jurisdiction between environment and land court and high court
• Accountability of trustee
• Disposition of estate property

Ram v Gupta (Sued as the Personal Representative and Administrator of the Estate of Prem Lal Ramnath a.k.a. Prem Lal Ramnath Gupta a.k.a. Prem Gupta - Deceased) & another

Court

Environment and Land Court

Case number

Environment and Land Case E011 of 2022

Judge

AE Dena

The Kwale ELC dismissed a suit alleging fraudulent joint registration of leasehold land Kwale/Diani Beach Block/47, finding a trust for the deceased's share and a lawful 2017 transfer, with fraud unproved.

• Fraud in land registration
• Resulting and constructive trusts
• Burden and standard of proof for fraud
• Indefeasibility of title and section 26 land registration act
• Co-tenancy and tenancy in common
• Costs discretion

Khamala v Weluywa aka Elizabeth Kimasi Wanyonyi & 4 others

Court

Environment and Land Court

Case number

Environment and Land Case 84 of 2010

Judge

CK Nzili

The Environment and Land Court at Kitale allowed the plaintiff's suit in part, finding the title to Plot 476 defeasible because it was irregularly obtained during a subsisting decree and pending proceedings. Cancellation and re-issuance were ordered; the permanent injunction was declined.

• Impeachment of title for fraud and misrepresentation
• Defeasibility of title deeds
• Indefeasibility of title
• Constructive trust
• Presumption of marriage
• Admissions and traversal of pleadings

Mwangi v Mwangi

Court

High Court

Case number

Civil Appeal E250 of 2013

Judge

TW Ouya

The High Court declined to reinstate a withdrawn civil appeal over land in Murang'a, holding that an applicant alleging his advocate withdrew the appeal without instructions must prove it, and that a withdrawal under Order 25 takes effect with finality.

• Withdrawal of suits and appeals
• Reinstatement of withdrawn appeals
• Order 25 civil procedure rules
• Advocate authority to withdraw proceedings
• Constructive or express trust over land
• Stay of execution

SWH v SEH; Goodison Fifty-Nine Limited (Interested Party)

Court

High Court

Case number

Family Originating Summons 12 of 2017

Judge

PM Nyaundi

The High Court held that a Nairobi family home owned by a company was not matrimonial property, and dismissed a spouse's claim to shares, trust interests and reimbursement for improvements.

• Definition of matrimonial property
• Matrimonial home
• Constructive and resulting trusts arising from marriage
• Contribution to improvements on property owned by third party
• Jurisdiction over company-owned property
• Registration of documents and validity of informal deeds

M’Ithinji v M’Itonga

Court

Environment and Land Court

Case number

Environment and Land Appeal E048 of 2023

Judge

BM Eboso

On first appeal, the Environment and Land Court upheld findings that land parcel Igoji/Kinoro/962, originally family land, was held by the appellant in customary trust for his sister, dismissing the appeal with costs.

• Customary trust over registered land
• Overriding interests under registered land legislation
• Family/clan land and sibling claims
• First appellate court duties
• Customary-trust
• Family-land

Kiplagat v Mutai & 2 others

Court

Environment and Land Court

Case number

Environment and Land Appeal E015 of 2024

Judge

L Waithaka

On first appeal, the Environment and Land Court dismissed the appeal, holding that an oral sale of one acre of the suit land to the respondents' father was proved, that the seller held that portion in constructive trust, and that he acted fraudulently in selling the whole parcel to the appellant.

• Registered proprietorship and indefeasibility of title
• Sale of land and formal requirements for contracts for sale of land
• Constructive trust arising from land sale agreements
• Fraud and bona fide purchaser for value
• Adverse possession and permissive occupation
• Locus standi of estate representatives