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Kenya decisions
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Mburu v Kunga & another [2023] KEELC 21296 (KLR)
The court held that there was no sale of the suit land to the 1st Defendant, dismissed the counterclaim, and ordered the Defendants to vacate within six months.
Munyiti v Nguku [2023] KEELC 17444 (KLR)
The court found that the applicant had been in open, exclusive, and uninterrupted possession of the suit land since 1970, initially with the respondent's consent and later after purchasing the land from Mbatha, who had bought it from the respondent. The applicant's possession exceeded the statutory twelve-year period required for adverse possession. The respondent, despite being duly served, did not contest the applicant's claim or take any steps to assert his rights over the land. The court applied the principles from the Limitation of Actions Act and relevant case law, concluding that the a…
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Ngigi v Omar & 2 others [2023] KEELC 17197 (KLR)
The court found that both the plaintiff and the 1st defendant have apparent equitable interests in the suit property, each relying on documents issued by the 2nd defendant, but neither holding a registered title. The plaintiff established a prima facie case by demonstrating her acquisition and possession of ownership documents and her claim to the property. However, the 1st defendant is in actual possession and has developed the property. Granting the injunction as sought would effectively amount to an eviction at the interlocutory stage, which is not appropriate without a full trial. The cou…
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Kahumbu & another (Suing as Personal Representatives of the Estate of Roseline Kahumbu) v National Bank of Kenya Limited [2022] KEHC 12166 (KLR)
The High Court held it was functus officio and dismissed a post-judgment application seeking injunction and decree-settlement directions over charged property.
Alvine Brooks Limited v Geoffrey Kimani Kirunyu [2022] KEELC 835 (KLR)
The court found that the plaintiff had established a prima facie case by demonstrating full compliance with the sale agreement, including payment of the entire purchase price and taking possession in accordance with the contract. The defendant's unilateral attempt to cancel the agreement after receiving full payment was not supported by any clause in the agreement or by law. The court held that the plaintiff would suffer irreparable harm if the injunction was not granted, as the subject matter was land, which is unique and cannot be adequately compensated by damages. The balance of convenienc…
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Robert Kiptanui Kitur v Jackson Kiprotich Kitur [2022] KEELC 1479 (KLR)
The court found that the plaintiff entered into a valid and enforceable sale agreement with the defendant for Eldoret Municipality Block 14/400, paid a substantial deposit, and took possession, thereby acquiring equitable rights over the property. The defendant's allegations of forgery and lack of consent were unsubstantiated, and the evidence, including testimony from the advocate who prepared and witnessed the agreement, confirmed its authenticity. The court held that the cause of action accrued upon breach of the agreement, not at the time of execution, and thus the suit was not time barre…
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Carolyne Atieno Odula v Ignatius Obonyo Odhiambo & Kenya Commercial Bank Limited [2021] KEELC 990 (KLR)
The court found that the Plaintiff and the 1st Defendant were legally married and that the suit property was acquired during their marriage, making it matrimonial property under the Matrimonial Property Act and Land Act. The Plaintiff made substantial contributions to the mortgage, especially after the 1st Defendant defaulted and relocated abroad. The court held that, even though the property was registered solely in the 1st Defendant's name, the Plaintiff's contributions and occupation of the property established her equitable and registrable interest. The court further held that the Plainti…
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Martin Muthii Kangara v John Njaria Mutunga & Peninah Karita Njaria [2021] KEELC 1830 (KLR)
The court found that the plaintiff had not satisfied the first limb of the Giella v Cassman Brown test, namely, establishing a prima facie case with a probability of success. The plaintiff claimed an equitable interest in the suit property but lacked registered title, had not joined Embakasi Ranching Company Limited, Teresia Otiso, or the Land Registrar as parties, and failed to provide particulars of the alleged fraud. The 2nd defendant, on the other hand, was the registered proprietor with a certificate of lease. Given the uncertainty regarding the company's position and the plaintiff's inc…
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Marura Peasant Community suing through Peter Kirera (Chairperson), Ibrahim Lesian (Deputy Chairperson), Festus Mbogo (Secretary) & Pauline Lenantare (Treasurer) v County Government of Laikipia, National Environment & Management Authority & National Land Commission [2021] KEELC 2713 (KLR)
The Environment and Land Court dismissed a res judicata objection, finding the earlier suits were not shown to involve the same parties or the same land.
Josephat Ongwenyi & Wycliff Omwenga Giteya v Rusia Kwamboka & Moses Makori [2021] KEHC 5795 (KLR)
The High Court dismissed an appeal challenging attachment of a motor vehicle in execution, finding the appellants failed to prove a legal or equitable interest in the vehicle.
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