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Kenya decisions
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Njoroge v Muinami & another [2025] KEELC 5442 (KLR)
The Environment and Land Court granted a stay of execution pending appeal after the respondent said she intended to dissolve the trust, which could render the appeal nugatory.
Matiliku v Kilonzo & another [2025] KEELC 5343 (KLR)
The court found that the evidence established the suit property as ancestral family land originally belonging to Kinyenze Mukai. The registration of the property in the name of the Appellant’s late husband was not a purchase but a result of family arrangements during demarcation. The Appellant, as administratrix, acquired title through succession, but the property was always intended for the benefit of all descendants of Kinyenze Mukai. The Respondents, as family members, had a beneficial interest under a customary trust. The trial magistrate properly analysed the evidence and correctly found…
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Namalwa (Suing on Behalf of the Estate of Michael Namalwa Banga - Deceased) v Mbanda & another [2025] KEELC 5349 (KLR)
The court held that land parcels Bunyala/Bulemia/2236 and 3877 were held in customary trust for the plaintiff’s late husband’s family and ordered transfer and injunction orders.
Ondora v Ondoro [2025] KEELC 5387 (KLR)
The court found that the plaintiff established, on a balance of probabilities, that the suit property North/Ugenya/Doho/169 was family land prior to registration, occupied and used by both wives and their children, and that the defendant, though registered as proprietor, held the portion occupied by the plaintiff and her children in trust for them. The evidence showed the land was divided and used as two equal halves, and the defendant's registration was due to intervening circumstances, not an intention to exclude the plaintiff. The court applied the principles of customary and constructive…
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Kariuki v Mwihaki & another [2025] KEELC 5151 (KLR)
The Environment and Land Court allowed an appeal over a customary trust claim, finding the respondents had not proved the land was ancestral or held in trust.
Jumaa & another (Suing as the Personal Representative of the Estate of Patrick Kwesha Dzombo (Deceased)) v Sanga & 2 others [2025] KEELC 4982 (KLR)
The court granted a partial stay of execution pending appeal, preserving the status quo on family land and staying selected judgment prayers.
Mwakalu & 3 others v Munga & 4 others [2025] KEELC 5071 (KLR)
The Environment and Land Court at Malindi upheld an adverse possession claim over Kilifi/Pingilikani/1005, finding long, open occupation had extinguished the respondents’ title.
M’Nyange v M’Nyange & another [2025] KEELC 5000 (KLR)
The court found that the suit land, Ntima/Igoki/1089, was ancestral and family land held by the late Nyange Baruga in trust for himself and his immediate family, including the appellant and respondents. The evidence, including the appellant’s own testimony and that of his witness, established that the land was not purchased but 'gathered' and had been the family home for all siblings, with permanent residences and family burials on the land. No evidence was produced to support the claim of purchase or to rebut the existence of a customary trust. The transfer of the land to the appellant was c…
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Suter v Chebet (Sued as the Legal Representative of James Cheboi Chesir - Deceased) [2025] KEELC 5059 (KLR)
The court found that the plaintiff established, on a balance of probabilities, that a trust existed over 7 acres of the suit land in his favour. The evidence showed that both parties' late fathers contributed to the purchase of the land in 1964, and a family agreement in 1994 confirmed the defendant would hold 7 acres in trust for the plaintiff. The defendant's evidence failed to rebut the plaintiff's version, and the documentation produced by the defendant was incomplete and did not negate the trust arrangement. The court held that the intention to create a trust was evident, particularly gi…
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Lusala v Ambani [2025] KEELC 4805 (KLR)
The court dismissed an adverse possession claim over Kakamega/Viyalo/300, finding the occupation was consensual, family-based, and not proved for 12 years.
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