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Kenya decisions
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Bartilol & another v Ngomat [2025] KEELC 1331 (KLR)
The court dismissed an application to review its earlier judgment, holding that the refund issue was not new, was within the applicant’s knowledge, and was barred by res judicata.
Ojwang v Otieno [2024] KECA 857 (KLR)
The Court of Appeal dismissed an appeal over registered ownership and upheld an adverse possession claim to the disputed land.
Mbijiwe v Muthuri [2023] KEELC 21515 (KLR)
The court found that the appellant and respondent entered into a sale agreement for land, which was later revoked by mutual agreement, with the appellant undertaking to refund the deposit of Kshs.580,000 by March 2020. The addendum agreement, signed and witnessed by an advocate, expressly provided for liquidated damages of Kshs.1,160,000 in case of default. The appellant did not plead or prove that the agreements were void, unenforceable, or procured by fraud, coercion, or illegality. The appellant admitted to the existence and terms of the agreements and did not challenge the validity of the…
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Kaikai v Kalasinga [2023] KEELC 16080 (KLR)
The Environment and Land Court upheld a title to LR No Transmara/Olomismis/1329, found the appellant had no proven proprietary rights, and dismissed the appeal with costs.
Alexander Mbugua & Mwari Mbugua v Beatrice Mutungi M’tuamikwa & Everest Enterprises Limited [2021] KEELC 3432 (KLR)
The Environment and Land Court held that the 2nd plaintiff proved adverse possession over 15 acres of the suit land and ordered transfer of the relevant parcel.
Leonard Ndambuki Musyoka (Suing as a legal representative of the Estate of the late Bernard Musyoka Ndambuki) & Peter Musyoka Muema v John Wambua Mumo [2021] KEELC 3590 (KLR)
The court found that the Plaintiffs and their predecessors had been in continuous, exclusive, and open possession of the suit property since 1967, following a sale agreement and full payment to the Defendant's father. The Defendant and his father discontinued possession from 1967, and there was no evidence of interruption or assertion of rights by the Defendant until 2004, well after the statutory 12-year period had lapsed. The Plaintiffs' possession was adverse, as it was open, notorious, and hostile to the title of the registered owner. The sale agreement became void for lack of Land Contro…
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Rose Jebor Kipngok v Kiplagat Kotut [2019] KECA 236 (KLR)
The Court found that the applicant failed to identify any matter of general public importance warranting certification and leave to appeal to the Supreme Court. The alleged existence of two conflicting judgments was unfounded, as the earlier judgment had been set aside and was legally void. The issues raised by the applicant were specific to the parties and did not transcend to the public interest or raise substantial points of law. The Court reaffirmed that it is functus officio after delivering its judgment and lacks jurisdiction to grant a stay of execution; such applications must be made…
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Mburia Ngari v Peter Nyaga Gicheru [2019] KEHC 4956 (KLR)
The court found that the application for stay of execution was incompetent as it was filed by an advocate who was not properly on record post-judgment, contrary to Order 9 Rule 9 of the Civil Procedure Rules, and without leave of the court. Even if the application were properly before the court, the applicant failed to demonstrate substantial loss as required under Order 42 Rule 6, and there was inordinate delay in bringing the application, which was filed nearly two years after judgment. The applicant did not provide evidence of substantial loss or offer security for due performance of the d…
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Andrew Mulili Mwaithya v Shekeine Ole Koilekine [2019] KEELC 2612 (KLR)
The court found that the Plaintiff and Defendant executed a valid sale agreement for 11 acres of land, the Plaintiff paid the full purchase price, and took possession as permitted by the agreement. Although the Defendant failed to obtain Land Control Board consent and effect the transfer, the Plaintiff's occupation and fulfillment of contractual obligations created a constructive trust, constituting an overriding equitable interest. Relying on the Court of Appeal's decision in Willy Kimutai Kitilit v Michael Kibet [2018] eKLR and Article 10(2)(b) of the Constitution, the court held that the d…
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Samwel Patrick Oriyo v Macduff Ongoyo Ogwindo & Jane Namwanya Anabwani [2019] KEELC 4186 (KLR)
The court dismissed a land dispute claim, finding the plaintiff failed to prove non-payment or unlawful occupation by the defendants.
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