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
Loyor v Eloo [2025] KEELC 4714 (KLR)
The Environment and Land Court granted the plaintiff a declaration, permanent injunction, and Kshs 1,000,000 for trespass after finding unchallenged proof of ownership and interference.
Saka v Muraya [2025] KECA 1306 (KLR)
The Court of Appeal found that the respondent, Bernard Wandurwa Muraya, discharged his burden of proof on a balance of probabilities by producing authentic documents, including a non-member certificate, receipts, and a transfer document for Plot No. V7492 (Block No. 136/166), all confirmed by an expert surveyor as genuine and properly issued by Embakasi Ranching. The appellant, James Simpson Saka, failed to establish a valid chain of title, as his claim relied on documents that predated the existence of parcel numbers and lacked evidence of proper allocation or transfer from the alleged previ…
Source excerpt
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
Okioga & another (Suing as Administrators of the Estate of Mary Kwamboka Okioga) v Kisii County Land Registrar & 3 others [2025] KEELC 5197 (KLR)
The court granted stay of execution pending appeal, but only on conditions including deposits of damages, taxed costs, and Kshs. 1,000,000, with status quo maintained.
Kisumu Pamoja Housing Co-operative Society Limited v Maeri & another [2025] KEELC 4848 (KLR)
The court held that the plaintiff proved registered ownership of the suit land, found the defendants were trespassers, and awarded injunctions, eviction, and Kshs. 3 million.
Loyelei v Ekeno & 5 others [2025] KEELC 4923 (KLR)
The court upheld the plaintiff’s title to the suit land, found the defendants’ community land and trust claim unproven, and awarded injunctions, eviction, and Kshs. 4 million in damages.
Brawny Properties Limited v Fulson Company Limited & 2 others [2025] KEELC 4986 (KLR)
The Plaintiff established, through uncontested documentary and oral evidence, that it is the registered and lawful proprietor of LR No. 17835-Kilifi, CR 35336. The Defendants, having failed to appear or file a defense, did not rebut the Plaintiff's evidence. The court found that the Defendants' actions—erecting structures and walls on the property without consent—constituted trespass. The Plaintiff's title was held to be indefeasible under Section 26(1) of the Land Registration Act, and the Plaintiff was entitled to vacant possession, a permanent injunction, and damages for trespass. The cour…
Source excerpt
APEC Holdings Limited v Kenya Railways Corporation [2025] KEELC 4653 (KLR)
The court held that the plaintiff proved lawful title to LR No. 2116/415 and that the defendant’s entry and demolition amounted to unlawful trespass.
Paramount Engineering (2005) Limited v Farm Engineering Industries Limited & 5 others [2025] KEELC 4316 (KLR)
The court found that the Plaintiff is the registered owner of L.R. No. 18127, as evidenced by the Grant, beacon certificate, and survey report. The court accepted the Plaintiff's expert evidence, based on survey plan F/R 235/96, that the Plaintiff's land shares a common boundary with the Defendants' land and that the 1st, 2nd and 3rd Defendants had encroached onto the Plaintiff's land by erecting a wall and fence, thereby committing acts of trespass. The Defendants' challenge to the validity of the Plaintiff's survey plan was not substantiated by evidence, and there was no counterclaim or evi…
Source excerpt
MuemĐ° v Mwende & another [2025] KEELC 4164 (KLR)
The appellate court found that the trial magistrate erred in granting relief to the 1st respondent because the evidence demonstrated that plot 3295 did not exist on the ground and was only present on the map, while plot 3294, occupied by the appellant since 2011, was the actual plot on the ground. The 1st respondent had never been in possession of plot 3295, and the appellant had established both possession and prior allocation of plot 3294. The court held that trespass is actionable by the party in possession, not merely by the allottee or owner, and that the 1st respondent's claim for tresp…
Source excerpt
Explore more
