Kenya Case Law

Mutea v Marua

Mutea v Marua [2024] KEBPRT 1563 (KLR)

Court

Business Premises Rent Tribunal

Case number

Tribunal Case E053 of 2024

Judges

N Wahome, Joyce Murigi

The Tribunal found that the landlord's notice of termination was lawful and compliant with statutory requirements, as it was issued under Section 7(1)(f) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and supported by approved development plans and financial capacity. The landlord demonstrated a genuine and settled intention to undertake substantial reconstruction that necessitated vacant possession. The tenant failed to prove consent for the majority of the claimed renovations and developments, except for installation of electricity and water, which the landlord a…

Source excerpt

• Termination Of Tenancy
• Compensation For Developments
• Landlord And Tenant Disputes
• Business Premises Rent
• Notice Of Termination

Kariuki & another v Murage (Deceased) & 2 others

Kariuki & another v Murage (Deceased) & 2 others [2024] KEELC 1333 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 253 of 2014

Judge

JM Mutungi

The Plaintiff failed to prove any legal or equitable interest in the suit land, as the alleged gift or sale from her father (the 1st Defendant) was never perfected by transfer or payment of consideration. The 2nd Defendant lawfully purchased the land from the 1st Defendant, paid the agreed price, and obtained registration as proprietor. There was no evidence of fraud, lack of spousal consent affecting a spouse (as the Plaintiff was not a spouse), or procedural impropriety in the transfer. The Plaintiff's developments on the land, made as a licensee or agent of her father, passed with the land…

Source excerpt

• Land Title Registration
• Matrimonial Property Rights
• Spousal Consent
• Eviction And Possession
• Compensation For Developments
• Bank Security Interests

M’Ikiara v Kiara & 2 others

M’Ikiara v Kiara & 2 others [2024] KEELC 3689 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E066 of 2022

Judge

CK Yano

The Environment and Land Court dismissed an appeal over family land, holding the deceased lawfully subdivided the parcel among his children and no breach of trust was proved.

• Customary Trust
• Land Subdivision
• Succession And Administration
• Compensation For Developments
• Customary-trust
• Land-subdivision

Ng’ang’a v Rioki Real Estate Co. (1970) Ltd

Ng’ang’a v Rioki Real Estate Co. (1970) Ltd [2023] KEELC 19194 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 364 of 2014

Judge

EK Wabwoto

The court held that the Plaintiff’s 2008 lease agreements were valid and enforceable, ordered registration of the leases, and granted alternative compensation for developments.

• Lease Agreements
• Breach Of Contract
• Specific Performance
• Compensation For Developments
• Right Of First Refusal
• Registration Of Leases

Trustees of Kiplombe Kaptich School v Registered Trustees of Catholic Diocese of Eldoret & another

Trustees of Kiplombe Kaptich School v Registered Trustees of Catholic Diocese of Eldoret & another [2023] KEELC 843 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 31 of 2022

Judge

JM Onyango

The Environment and Land Court at Eldoret held that the applicant had locus standi, but dismissed the stay application for failure to show substantial loss and provide security.

• Stay Of Execution
• Locus Standi
• Public Land Registration
• Compulsory Acquisition
• Compensation For Developments
• Stay-of-execution

Maina (Suing as administrator of the Estate of Eliud Wanjohi Maina (Deceased)) v Mwangi

Maina (Suing as administrator of the Estate of Eliud Wanjohi Maina (Deceased)) v Mwangi [2022] KEELC 15040 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit E032 of 2021

Judge

CK Nzili

The court dismissed an application for inhibition over land that had been distributed in a confirmed succession grant, finding no sufficient basis to restrain dealings.

• Inhibition Orders
• Land Registration
• Succession And Administration
• Tenancy And Possession
• Compensation For Developments
• Probate And Distribution

M’Ngiti v Gatua

M’Ngiti v Gatua [2022] KEELC 2653 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 96 of 2021

Judge

CK Nzili

On first appeal, the court held the appellant failed to prove compensation for developments after lease expiry, and the respondent’s counterclaim was procedurally defective.

• Lease Disputes
• Mesne Profits
• Pleadings And Amendments
• Compensation For Developments
• Lease-disputes
• Mesne-profits

Gulamali v Sary & 13 others

Gulamali v Sary & 13 others [2022] KEELC 2921 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 46 of 2017

Judge

M Sila

The Environment and Land Court held that the plaintiff’s claim for vacant possession was time-barred, and dismissed the suit. It also declined to order title in the defendants’ favour.

• Adverse Possession
• Limitation Of Actions
• Tenancy At Will
• Charitable Trusts
• Vacant Possession
• Compensation For Developments

Hedwig-Hirt Mitterlerlehner Ulrich v Hendrick Spin

Hedwig-Hirt Mitterlerlehner Ulrich v Hendrick Spin [2020] KEELC 1121 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 293 of 2013

The court dismissed a lessee’s claim for specific performance and compensation, found the suit incompetent for a defective verifying affidavit, and upheld the landlord’s rent and possession counterclaim.

• Landlord Tenant Disputes
• Lease Enforcement
• Pre Emption Rights
• Compensation For Developments
• Procedural Irregularities
• Lease-enforcement

Thomas Jerry Khamisi & Edward Mwamuye Mwadzoya v Austin Sadala Khamisi, Catherine Waithira Ndambiri, Agnes Nyale Mwangemi, Josephine Muringo Ndambiri & Mercy Roseline Ndambiri

Thomas Jerry Khamisi & Edward Mwamuye Mwadzoya v Austin Sadala Khamisi, Catherine Waithira Ndambiri, Agnes Nyale Mwangemi, Josephine Muringo Ndambiri & Mercy Roseline Ndambiri [2020] KEELC 2990 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 33 of 2018

Judge

JO Olola

The court found a fraudulent land subdivision and sale by a non-owner, ordered restoration of the register, refund of the purchase price, and compensation for developments.

• Fraudulent Transfer
• Land Ownership
• Title Registration
• Trespass
• Compensation For Developments
• Fraudulent-transfer