Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Kenya decisions
Decisions matching the current search
Kiiru v Gitau & 2 others [2025] KEELC 5438 (KLR)
The Environment and Land Court dismissed an appeal over a land boundary dispute, holding that the matter should first have been resolved by the Land Registrar.
Mwangi & another (Suing as the personal representatives of the Estate of Paul Mwangi Mwirigi - Deceased) v Karanja [2025] KEELC 5440 (KLR)
The court dismissed an application for eviction from land, finding the applicants had not proved capacity to sue and had not properly raised adverse possession issues in the motion.
Miyaba & 2 others v Areri (Suing on Behalf and Personal Representative of Naftali Nyaberi Mangerere - Deceased) [2025] KECA 1299 (KLR)
The Court of Appeal dismissed an application to strike out a notice and memorandum of appeal, finding the record of appeal had been filed and served in time.
Mwinyi v Bhai & another [2025] KECA 1309 (KLR)
The Court of Appeal held that the appellant, having purchased only a house without land, had no right to demolish and reconstruct a new structure on the respondents' land without their consent. The concept of 'house without land' does not confer proprietary rights over the land itself, and any alteration or reconstruction requires the landowner's approval. The appellant's actions in demolishing the original house and constructing a new one without consent constituted trespass. The court further found that the tort of trespass was a continuing injury, so the suit was not time-barred despite th…
Source excerpt
Issa v Suleiman & 3 others [2025] KECA 1336 (KLR)
The Court of Appeal found that the agreement of 4th June 1979, which established a trust in favour of the respondents, was properly produced and admitted as an exhibit during the trial. The agreement, executed by the relevant parties and attested by an advocate, clearly indicated that the property was to be held in trust for the family, with the appellant's father as trustee. The court held that the trial judge correctly evaluated the evidence and was justified in finding that the respondents were beneficial owners of the ground floor of the house on the suit property. The appellant's argumen…
Source excerpt
Ndeda v Otieno [2025] KEELC 5398 (KLR)
The court found that the plaintiff had established a prima facie case for adverse possession, as his occupation of the suit property since 2010 was uncontested and with the defendant's knowledge. The court held that the plaintiff would suffer irreparable harm if evicted before his claim is determined. The court rejected the defendant's arguments on res judicata, noting that the lower court struck out the adverse possession claim for want of jurisdiction, so it was not heard and determined on the merits. The court also found that the suit was not sub-judice, as there was no other pending suit…
Source excerpt
Mbogo v Njau & another [2025] KEELC 5345 (KLR)
The court upheld an adverse possession claim over 6.30 acres in Kirinyaga, finding the plaintiff and her family had occupied the land openly and continuously for decades.
Khimji & another v Nyambu & others [2025] KEELC 5372 (KLR)
The court dismissed an application for police assistance in an eviction because no eviction order existed, the matter had already been litigated, and the land references were unclear.
Mackroscar Ægnya Limited v Goodhope Christian Church, Kasarani & 12 others [2025] KEELC 5437 (KLR)
The court found that the Plaintiff's preliminary objection based on res judicata was not merited because the previous applications and rulings addressed different issues—specifically, leave to file a defence out of time and the striking out of a counterclaim filed without leave. The current application sought leave to amend the defence and properly introduce a counterclaim, which had not been previously adjudicated. The court held that amendments to pleadings are permissible at any stage before judgment, provided they are made in good faith and do not cause irreparable prejudice to the opposi…
Source excerpt
Odula & another v Oricho [2025] KEELC 5353 (KLR)
The court held that the plaintiffs, suing as beneficiaries of their late father Elkana Odula, lack locus standi to institute the proceedings in the absence of a grant of letters of administration as required by section 82(a) of the Law of Succession Act. This defect renders the suit incompetent to the extent that it is brought on behalf of the deceased's estate. However, the court found that the claim for adverse possession is sustainable in the plaintiffs' own capacity, as such a claim can be maintained by persons in possession of land for the requisite period, independent of their status as…
Source excerpt
Explore more
