Cheburet v Ngobitwo Farmers Co-operative Society Limited; Kiberut & 2 others (Interested Parties) [2024] KEELC 6232 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 24 of 2014
Judge
EO Obaga
The court held that the plaintiff proved payment and occupation of the disputed 4 acres, cancelled the interested parties’ titles, and dismissed their counterclaim.
Ngibuini v Chege & 2 others [2024] KEELC 3579 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 383 of 2011
Judge
A Nyukuri
The court found that the plaintiff lawfully purchased the suit property from the late Dominic Mutuku Kasyoki in 1994, with the transaction sanctioned and recorded by Drumvale Farmers Co-operative Society as required by law. The plaintiff's name was entered in the register, and he was subsequently issued with a title deed in 2010. The defendant failed to prove any fraud in the plaintiff's acquisition or registration of the property. The defendant's claim of purchase was unsupported by evidence of approval or registration by Drumvale, and his documents were inconsistent and unreliable. The cour…
Maweu v Daystar Multipurpose Co-operative Society Ltd & another [2023] KEELC 20366 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 174 of 2018
Judge
A Nyukuri
The court dismissed a land ownership claim after finding the plaintiff gave contradictory evidence and failed to prove fraud in the defendant’s title.
Mulu & another v Muka Mukuu Farmer Co-operative Society Limited & another [2022] KEELC 3838 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal 4 of 2019
Judge
JO Mboya
The court found that the appellant had entered into two written and executed sale agreements with the 2nd respondent, which explicitly stated the sale of 4 acres of the suit property. The appellant did not challenge the authenticity of her signature or allege any vitiating factors such as coercion or fraud. The evidence presented by the appellant was insufficient to rebut the clear terms of the agreements. The tribunal properly evaluated the evidence and correctly concluded that 4 acres were sold to the 2nd respondent. The court held that parties are bound by the terms of their written contra…
Francisca Mumbua Peter (Suing as the administratrix of the estates of Milka Wavinya Kakui & Kakui Malii Kiketi–both deceased) v Kevin Mulei Ngumbi, Stephen Kyalo Ngumbi & Eric Ndonye Ngumbi (Sued in capacity of the administrators of the Estate of Peter Ngumbi Mulei-Deceased) [2021] KEELC 55 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case E25 of 2020
Judge
A Nyukuri
The court found that both parties presented documentary evidence from Katheka-Kai Farmers’ Co-operative Society purporting to support their respective claims to the suit properties. However, without hearing full evidence, the court could not conclusively determine ownership at the interlocutory stage. The applicants failed to establish that they would suffer irreparable loss, as they were not in occupation of the suit properties, and the respondents' continued occupation did not amount to an immediate threat of irreparable harm. The balance of convenience favoured the respondents, who had bee…
Kitiri Farmer’s Co-operative Society Ltd v Chief Land Registrar, Settlement Fund Trustees, Wilson Maina Mutahi & Joseph Mburu Mihango [2020] KEELC 2767 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 236 of 2017
The court found that although the Land Disputes Tribunal lacked jurisdiction to determine ownership, the Plaintiff never challenged the tribunal's award or the subsequent decree that was adopted by the Magistrate's Court. The decree was executed, and the 3rd and 4th Defendants were registered as proprietors. The Plaintiff was never registered as proprietor of the suit land, and the Defendants' registration constituted a first registration, which is protected under the law. The Plaintiff failed to prove any fraud or illegality in the acquisition of the titles by the Defendants, and investigati…
Julius Macharia Njenga v Methi & Swani Farmers Cooperative Society Ltd, Joshua Ndei Ruga & The Liquidator-Methi & Swani Farmers Co-op Society Ltd [2020] KEELC 3425 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 13 of 2017
Judge
BC Koech
The court dismissed a plaintiff’s claim to cancel the 2nd defendant’s title, found no proof of fraud or illegality, and ordered removal of the caution.
Kennedy Kimani Ndarwa v Methi & Swani Co-operative, Society Limited & Magdaline Nyambura Ndungu [2019] KEELC 2856 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 65 of 2018
Judge
BC Koech
The Environment and Land Court dismissed a claim for cancellation of a title over disputed land, finding the plaintiff had not proved a sufficient link between his share purchase and the parcel in issue.
Philiph Kivuva Nzioka v Beatrice Samwel,Esther Samwel,Mary Kilonzo & Mary Nthenya Samwel [2018] KEELC 7 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 366 of 2017
The Environment and Land Court dismissed a land sale dispute, finding the plaintiff had not proved the defendants had capacity to sell or transfer the disputed Co-operative Society land.
Dismas Namiti v Basale Farmers Cooperative Society & another [2018] KEELC 1336 (KLR)
Court
Environment and Land Court
Case number
Land Case 185 of 2017
Judge
FM Njoroge
The court found that the plaintiff had established a prima facie case for the grant of a temporary injunction. The plaintiff's rights to the suit land had been recognized and protected by a prior tribunal judgment, which was never appealed. The subsequent registration of the suit parcels in the names of the defendants, in disregard of the tribunal's orders, raised a credible allegation of fraud and violation of a subsisting order. The court further held that the plaintiff would suffer irreparable harm if the injunction was not granted, as he risked losing possession and use of his land. The E…
