Kenya Case Law

Gakuru & 4 others v Muhindi

Gakuru & 4 others v Muhindi [2025] KEELC 4984 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E042 of 2021

Judge

JO Olola

The court found that the appellants failed to prove the existence of a customary trust over the suit properties, as there was no evidence that the land was family, clan, or group land prior to first registration, nor that the appellants were entitled to registration. The evidence showed that the 1st defendant acquired the land before marrying the 1st appellant, and the family had already relocated to another property purchased with the sale proceeds. The respondent lawfully acquired the properties as a bona fide purchaser for value with Land Control Board consent and without notice of any def…

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• Customary Trust
• Overriding Interest
• Land Registration
• Bona Fide Purchaser
• Cautions On Title
• Land Control Board Consent

Kirigha v Mwamburi

Kirigha v Mwamburi [2024] KEELC 13474 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 16 of 2023

Judge

EK Wabwoto

A first appeal over claimed land acreage failed after the court found the appellant had not proved full payment for the larger portion sought.

• Sale Of Land
• Specific Performance
• Land Registration
• Burden Of Proof
• Cautions On Title
• Sale-of-land

Wanjohi (Suing as the Legal Representative of the Estate of Wanjohi Ngando) & another v Macharia (Sued as the Administrator of the Estate of Macharia Ng’ang’a - Deceased) & 4 others

Wanjohi (Suing as the Legal Representative of the Estate of Wanjohi Ngando) & another v Macharia (Sued as the Administrator of the Estate of Macharia Ng’ang’a - Deceased) & 4 others [2024] KEELC 1798 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 10 of 2015

Judge

JM Mutungi

The court ordered severance of a tenancy in common over LR Kiine/Ruiru/35, partition into two equal shares, and cancellation of cautions blocking subdivision.

• Tenancy In Common
• Partition Of Land
• Cautions On Title
• Succession And Beneficiary Rights
• Tenancy-in-common
• Partition-of-land

Gatimu v Mwaura & another

Gatimu v Mwaura & another [2024] KEELC 1422 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 64 of 2016

Judge

JM Mutungi

The court dismissed a plaintiff’s adverse possession claim over LR Ngariama/Merichi/1276, holding time had not run for 12 years before suit was filed.

• Adverse Possession
• Limitation Of Actions
• Land Control Board Consent
• Title To Land
• Eviction
• Cautions On Title

Gituma & another v Land Registrar, Nairobi Land Registry

Gituma & another v Land Registrar, Nairobi Land Registry [2024] KEELC 69 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Miscellaneous Case E124 of 2023

Judge

MD Mwangi

The court found that the cautions registered on the 1st plaintiff's property had subsisted for over ten years without any legal action being taken by the cautioners to enforce their alleged interests. The court held that cautions are intended as temporary protective measures and not as indefinite encumbrances on property. The continued existence of the cautions was deemed unjustifiable and an infringement on the proprietor's rights. The court exercised its power under Section 78(2) of the Land Registration Act to order the removal of the cautions, finding that the plaintiffs had satisfied the…

Source excerpt

• Removal Of Restrictions
• Mandatory Injunctions
• Proprietary Rights
• Land Registration
• Cautions On Title

Gichira v Kariuki

Gichira v Kariuki [2023] KEELC 21597 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 12 of 2021

Judge

JM Mutungi

The Environment and Land Court dismissed an appeal seeking specific performance and damages over a land sale agreement, holding the counterclaim was time-barred.

• Specific Performance
• Limitation Of Actions
• Land Sale Agreements
• Cautions On Title
• Refund Of Purchase Price
• Specific-performance

King’ara v Gutu & another

King’ara v Gutu & another [2023] KEELC 20523 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 2003 of 2007

Judge

LN Mbugua

The Environment and Land Court held that the plaintiff’s family had acquired L.R. Kiambaa/Thimbigua/2057 by adverse possession and ordered title cancelled and re-registered.

• Adverse Possession
• Land Registration
• Title Transfer
• Land Occupation
• Cautions On Title
• Adverse-possession

Lila v Gohil

Lila v Gohil [2023] KEELC 19008 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 203 of 2018

Judge

NA Matheka

The court found that the transfer of the defendant's and Chimanlal Natha's shares in the suit property to Prabhudas Natha Lila Gohil was motivated by the need to protect the property from nationalization, as only Prabhudas was a Kenyan citizen at the time. The evidence established a common intention among the brothers that Prabhudas would hold the property in trust for all three, not as sole beneficial owner. The plaintiff, as Prabhudas's widow and successor, therefore holds the property subject to a constructive trust in favour of the defendant and Chimanlal Natha. The court held that it wou…

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• Constructive Trust
• Resulting Trust
• Beneficial Ownership
• Matrimonial Property
• Succession
• Cautions On Title

Salimu & another v Saningu & 5 others

Salimu & another v Saningu & 5 others [2022] KEELC 13551 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 106 of 2019

Judge

MN Gicheru

The Environment and Land Court at Kajiado declined to strike out a land dispute suit, finding that contested issues over cautions and transfers required a full trial.

• Striking Out Of Pleadings
• Cause Of Action
• Land Transfer Disputes
• Cautions On Title
• Striking-out-of-pleadings
• Cause-of-action

Namachitu & another v Wanyama

Namachitu & another v Wanyama [2022] KEELC 3765 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 12 of 2020

Judge

BN Olao

The appellants failed to establish any legal or equitable interest in the suit land. The evidence showed that the suit land was registered in the respondent's name through a lawful succession process, and the purchase agreements cited by the appellants related to a different parcel of land. The trial court correctly found that the appellants' occupation was not based on any valid claim to the suit land, and their counter-claim was vague and unsupported by cogent evidence. The burden of proof lay with the appellants to demonstrate their entitlement, which they failed to do. The trial court's f…

Source excerpt

• Registered Land Ownership
• Eviction
• Cautions On Title
• Trusts In Land
• Counter Claims
• Burden Of Proof