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Kenya Case Law

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Land And Property [2025] KEELC 5409 (KLR)

Kavilili v Waswa & 2 others

Kavilili v Waswa & 2 others [2025] KEELC 5409 (KLR)

The Environment and Land Court dismissed an appeal over Land Parcel No. Ndivisi/Ndivisi/896, holding the appellant failed to prove lawful acquisition of title.

  • Title Registration
  • Ancestral Land
  • Burden Of Proof
  • Fraudulent Acquisition
  • Land Control Board Consent
  • Land-title-disputes
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Land And Property [2025] KEELC 5421 (KLR)

Awuonda v Owuoth & 2 others

Awuonda v Owuoth & 2 others [2025] KEELC 5421 (KLR)

The Environment and Land Court allowed an appeal over land title irregularities, quashed the lower court judgment, and ordered restoration of the parcel to the deceased’s name.

  • Title Registration
  • Succession And Administration
  • Fraudulent Transfer
  • Land Control Board Consent
  • Land-title-disputes
  • Title-registration
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Land And Property [2025] KEELC 5248 (KLR)

Anumo v Asoi & another

Anumo v Asoi & another [2025] KEELC 5248 (KLR)

The court found that the appellant improperly introduced new issues and evidence on appeal—specifically, the lack of capacity to contract and absence of Land Control Board consent—which were not pleaded or canvassed at trial. The appellate court is bound to determine the appeal based on the record and issues raised before the trial court. The trial magistrate did not err in validating the agreement for sale, as the contract met the requirements of the Law of Contract Act, and the parties admitted to its existence and to the respondent's possession. The trial court's order for specific perform…

  • Sale Of Land Agreements
  • Specific Performance
  • Land Control Board Consent
  • Capacity To Contract
  • Burden Of Proof
  • Introduction Of New Issues On Appeal
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Land And Property [2025] KEELC 5141 (KLR)

Mukururo & another v County Government of Nakuru & 3 others

Mukururo & another v County Government of Nakuru & 3 others [2025] KEELC 5141 (KLR)

The court found that although there was an agreement permitting the drilling of a borehole for community water supply, there was no evidence of a sale or transfer of the suit land. The land remained registered in the name of Jeremiah Mukururo Mucheru and was charged to Family Bank Limited, with no discharge of charge produced. Any subdivision or transaction affecting the land without the bank's consent was therefore null and void. The Land Control Board consent to subdivide could not confer rights in the absence of a discharge of charge. The court held that the plaintiffs were entitled to can…

  • Land Subdivision
  • Title Registration
  • Land Control Board Consent
  • Charges And Mortgages
  • Community Water Projects
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Land And Property [2025] KEELC 5100 (KLR)

Muturi v Mbugua (Sued in Her Capacity as the Legal Representative of the Estate of Joseph Mbugua Nganga – Now Deceased)

Muturi v Mbugua (Sued in Her Capacity as the Legal Representative of the Estate of Joseph Mbugua Nganga – Now Deceased) [2025] KEELC 5100 (KLR)

The court found that the sale agreement between the appellant and the deceased was void for want of Land Control Board consent as required by Section 6 of the Land Control Act. However, under Section 7 of the same Act, the appellant, having paid part of the purchase price, is entitled to recover the amount paid as a debt. The appellant failed to prove possession of the land or entitlement to specific performance, as she did not pay the full purchase price and did not demonstrate the land was unique or that damages would be inadequate. The trial magistrate erred in failing to order a refund of…

  • Land Sale Agreements
  • Specific Performance
  • Land Control Board Consent
  • Recovery Of Purchase Price
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Land And Property [2025] KEELC 5203 (KLR)

Maridadi v Wanjohi

Maridadi v Wanjohi [2025] KEELC 5203 (KLR)

The court granted the defendant a temporary injunction over disputed land, finding he had shown a prima facie case, irreparable harm, and balance of convenience.

  • Interlocutory Injunctions
  • Land Title Disputes
  • Fraudulent Transfer Of Land
  • Land Control Board Consent
  • Interlocutory-injunctions
  • Land-title-disputes
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Land And Property [2025] KEELC 4984 (KLR)

Gakuru & 4 others v Muhindi

Gakuru & 4 others v Muhindi [2025] KEELC 4984 (KLR)

The court found that the appellants failed to prove the existence of a customary trust over the suit properties, as there was no evidence that the land was family, clan, or group land prior to first registration, nor that the appellants were entitled to registration. The evidence showed that the 1st defendant acquired the land before marrying the 1st appellant, and the family had already relocated to another property purchased with the sale proceeds. The respondent lawfully acquired the properties as a bona fide purchaser for value with Land Control Board consent and without notice of any def…

  • Customary Trust
  • Overriding Interest
  • Land Registration
  • Bona Fide Purchaser
  • Cautions On Title
  • Land Control Board Consent
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Land And Property [2025] KEELC 4999 (KLR)

Republic & another v Land Control Board Mukaa Subcounty & another; Deputy County Commissioner Mukaa Subcounty (Interested Party)

Republic & another v Land Control Board Mukaa Subcounty & another; Deputy County Commissioner Mukaa Subcounty (Interested Party) [2025] KEELC 4999 (KLR)

The Environment and Land Court dismissed a judicial review application seeking mandamus to compel land control consent, holding the Board had statutory discretion and alternative remedies existed.

  • Land Control Board Consent
  • Judicial Review Mandamus
  • Administrative Discretion
  • Alternative Remedies
  • Judicial-review
  • Mandamus
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Land And Property [2025] KEELC 4943 (KLR)

Kingwaa v Ikulume

Kingwaa v Ikulume [2025] KEELC 4943 (KLR)

The court dismissed an appeal over competing claims to land, holding that the respondent had bought and occupied three acres and that a constructive trust applied.

  • Land Ownership Disputes
  • Constructive Trust
  • Sale Of Land Agreements
  • Land Registration
  • Land Control Board Consent
  • Constructive-trust
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Civil Procedure [2025] KECA 1247 (KLR)

Njeru v Njiru & another

Njeru v Njiru & another [2025] KECA 1247 (KLR)

The Court of Appeal set aside an ELC judgment because a deceased defendant had not been substituted, rendering the proceedings a nullity under Order 24 Rule 4.

  • Substitution Of Parties
  • Abatement Of Suit
  • Beneficial Interest In Land
  • Fraudulent Transfer
  • Land Control Board Consent
  • Substitution-of-parties
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.