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Kenya decisions
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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.
Ongany (Suing as the Personal Representative of the Estate of Juma Ondenge - Deceased) & another v District Land Registrar (Nyando, Nyakach and Muhoroni) & 5 others; Bondo & 2 others (Interested Parties) [2025] KEELC 5400 (KLR)
The court found that the process by which the boundaries between the petitioners' land (Kisumu/Koguta East/585) and the neighbouring parcels (576 and 579) were determined was fundamentally flawed and unlawful. The Interested Parties and the 3rd Respondent (Principal Magistrate) did not follow the statutory procedure for boundary determination as set out in Sections 18 and 19 of the Land Registration Act and Regulations 40 and 41 of the Land Registration (General) Regulations, 2017. The process was initiated and executed through ex parte court orders without notice or hearing to the petitioner…
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Mbuthi v Muoki & 2 others [2025] KEELC 5351 (KLR)
The court found that the preliminary objection raised by the Defendants did not meet the threshold of a pure point of law as established in Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd. The issues of whether the Plaintiff purchased the land, altered agreements, or whether there are pending or previously determined suits involve contested facts that require evidence and cannot be determined at the preliminary objection stage. On the issue of res judicata, the court held that claims based on trespass are continuing causes of action, and each fresh act of trespass gives rise…
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Joseph & 2 others v Musau & another [2025] KEELC 5350 (KLR)
The Environment and Land Court dismissed a preliminary objection in a land dispute, holding that it raised factual issues and that section 18(2) did not oust jurisdiction.
Kanchuel v Kanchuel & another [2025] KEELC 5289 (KLR)
The court confirmed the plaintiff’s title to LR No. Trans-Mara/Olalui/12, but declined eviction, injunction, and damages because boundary issues were unresolved.
Saika v Teeka & 2 others [2025] KEELC 5300 (KLR)
The Environment and Land Court allowed an appeal against a contempt ruling, holding that the boundary dispute was not properly resolved before contempt was found.
Inzaguli v Nkacha & 2 others [2025] KEELC 5218 (KLR)
The Environment and Land Court allowed an appeal over a boundary dispute and ordered a fresh determination by different land officials with affected owners present.
Nkancha v District Land Registrar Kajiado & 10 others [2025] KEELC 5222 (KLR)
The Environment and Land Court allowed a boundary dispute appeal and ordered a fresh determination by different land officials with all affected parties present.
Tum (Suing as the Legal Representative of the Estate of Kiptum arap Keter) v Metet & 2 others [2025] KEELC 5281 (KLR)
The court found that while both the present suit and Kericho CM ELC Misc Application No. E025 of 2023 relate to the same parcels of land, the subject matter of the two proceedings is distinct. The subordinate court matter concerns boundary re-establishment, whereas the present suit raises a substantive claim of adverse possession and ownership. The court further held that the application in the subordinate court had already been determined, with orders issued on 28th November, 2023, and thus the present application could not be said to be sub judice. The preliminary objection, therefore, lack…
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Magina & another v Osodio & 4 others [2025] KEELC 5156 (KLR)
The court ordered eviction of two defendants from parcels South Teso/Angoromo/1915 and 1916, finding the dispute was not a boundary matter.
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