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Kenya decisions
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Kigano v County Government of Mombasa & 2 others [2025] KEELC 5298 (KLR)
The court dismissed a land ownership claim over Mombasa/MN/Block 1/713, finding no proved proprietary interest overriding the registered title held by the 2nd defendant.
Gori Investment Limited v Apostolic Faith Church & another [2025] KEELC 5198 (KLR)
The court dismissed a land dispute over a double title, held the First Defendant was the rightful proprietor, and cancelled the Plaintiff’s lease.
Dena & another (Suing on behalf of 111 Members of the Mtwapa Land Tenants Associations) v Kalume & 6 others [2025] KEELC 5240 (KLR)
The court found that the Plaintiffs failed to produce any valid, enforceable written agreements for the disposition of an interest in land as required by Section 3(3) of the Law of Contract Act and Section 38 of the Land Act. Oral or informal arrangements, even if common in the coastal region, do not meet the statutory requirements for enforceability. The Plaintiffs' reliance on the 'house without land' concept was insufficient to confer proprietary rights over the land, especially as they had ceased paying rent and could not prove continued lawful occupation or entitlement. The court held th…
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Karura Investments Limited v Magugu & 4 others [2025] KEELC 5279 (KLR)
The court held that while it possesses the discretionary power to strike out pleadings under Order 2 Rule 15 of the Civil Procedure Rules, such power must be exercised sparingly and only in the clearest of cases. The 1st Defendant's defence, though based on an alleged oral agreement and raising issues of fraud and limitation, presents triable issues that cannot be summarily determined at the interlocutory stage. The court found that the matters raised, including the applicability of the limitation period and the enforceability of the alleged agreement, require a full hearing to resolve factua…
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Bartocho v Cheruiyot & another [2025] KEELC 5447 (KLR)
The Environment and Land Court dismissed an appeal over Mosop/Kapchorwa/1121, holding that the respondent had a prior equitable interest and the appellant’s title could not defeat it.
Maranga v Mwangi & 2 others [2025] KEELC 5130 (KLR)
The Environment and Land Court dismissed an application to strike out a further amended plaint, finding the land recovery claim was timely and mediation settlement should stand.
Casper (Suing as the Legal Representative of the Estate of Catherine Muthoni Mwangi) v Kahawa Sukari Limited & another [2025] KEELC 4942 (KLR)
The court found that the plaintiff, having lived abroad since childhood and only returning to Kenya in 2002 for his mother's burial, reasonably believed that his late mother's property was intact, as her siblings were in occupation. The plaintiff only discovered the alleged fraud in May 2024 when he returned to Kenya, conducted a search, and found the property had been transferred to the 2nd defendant. The court held that, given these circumstances, the plaintiff could not be faulted for failing to file the suit earlier. Section 26 of the Limitation of Actions Act applied, as the limitation p…
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Estate of Kiplagat Sawe (Represented by Stephen Kiplimo Tai) v Chepkwony [2025] KEELC 4933 (KLR)
The court found that neither the plaintiff nor the defendant had the requisite legal capacity to represent the respective estates, as neither had obtained letters of administration. The Alternative Justice System panel exceeded its mandate by purporting to cancel a title deed, a function reserved for the court or the Land Registrar. Adoption of the AJS verdict would be futile, as it would not be enforceable against the estates without proper legal representation. Consequently, the suit was struck out for want of capacity and jurisdiction, with directions for the parties to regularize their le…
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Gitau v Munyaka & 2 others [2025] KEELC 4755 (KLR)
The court found that the Plaintiff (1st Respondent) was the original registered proprietor of the suit land, and there was no evidence of a valid transfer from him to the 1st Defendant. The 1st Defendant, having acquired the title without the Plaintiff's knowledge or consent, had no good title to pass to the Appellant. The Appellant, despite conducting a search and relying on the register, failed to establish the legality of the root of his title, as required when the root is challenged. The court held that the Appellant could not be considered a bona fide purchaser for value without notice b…
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Kenya Union of Savings and Credit Cooperative Ltd & another v Wamalwa (Suing as the Legal Representative to the Estate of Wilycster Noel Nyongesa) [2025] KEELC 4703 (KLR)
The court found the discharge of charge was forged, upheld illegality in the auction process for want of a Section 96(2) notice, and left the purchaser's title undisturbed.
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