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Kenya Case Law

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Land And Property [2021] KEELC 155 (KLR)

Festus Riungu M’arithi v Julius Mwirigi M’arithi

Festus Riungu M’arithi v Julius Mwirigi M’arithi [2021] KEELC 155 (KLR)

The Environment and Land Court at Meru dismissed an application for stay of execution and temporary injunction, finding no substantial loss or security offered.

  • Stay Of Execution
  • Temporary Injunction
  • Land Ownership
  • Licencee Rights
  • Stay-of-execution
  • Temporary-injunction
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Land And Property [2021] KEELC 4307 (KLR)

Stephen Mugo Kimunyi v Bernard Muthike

Stephen Mugo Kimunyi v Bernard Muthike [2021] KEELC 4307 (KLR)

The court dismissed a claim that a rice holding in the Mwea Irrigation Scheme was held in trust for a family. It found the defendant was only a licensee, not a trustee.

  • Trusts In Land
  • Irrigation Scheme Rights
  • Succession And Inheritance
  • Licencee Rights
  • Land-law
  • Trusts
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Land And Property [2020] KEELC 791 (KLR)

Joyce Michere Githinji v Patrick Ngarariga Wang’ombe

Joyce Michere Githinji v Patrick Ngarariga Wang’ombe [2020] KEELC 791 (KLR)

Appeal partly allowed: the Environment and Land Court set aside an execution order permitting cultivation of rice land and held the appellant, a licensee, had no proprietary interest in the land.

  • Execution Of Decree
  • Licencee Rights
  • Interlocutory Judgment
  • Property Of National Irrigation Board
  • Execution-of-decree
  • Licencee-rights
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Land And Property [2020] KEELC 3062 (KLR)

Laban Masinjila v Suluman Sumba - Minister for Lands County Ministry of Lands & County Government of Kakamega

Laban Masinjila v Suluman Sumba - Minister for Lands County Ministry of Lands & County Government of Kakamega [2020] KEELC 3062 (KLR)

The court dismissed a land ownership and trespass claim after finding the plaintiff failed to develop an allotted plot extension within the required 12 months.

  • Public Land Trusteeship
  • Allocation Of Public Land
  • Licencee Rights
  • Conditions Of Allocation
  • Land-and-property
  • Public-land-trusteeship
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Land And Property [2019] KEHC 6999 (KLR)

Jane Wahito Gatibiri v Stephen Maina

Jane Wahito Gatibiri v Stephen Maina [2019] KEHC 6999 (KLR)

The High Court dismissed an appeal over stall No. 317 in Nyeri, finding no proven agreement to transfer the stall after loan repayment and no basis for ownership.

  • Licencee Rights
  • Specific Performance
  • Injunctions
  • Ownership Disputes
  • Burden Of Proof
  • Specific-performance
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Land And Property [2019] KEELC 4198 (KLR)

Naomi Njeri Ayub v Mary Nyambura Wangombe & National Irrigation Board

Naomi Njeri Ayub v Mary Nyambura Wangombe & National Irrigation Board [2019] KEELC 4198 (KLR)

The court found that rice holding No. 465 Unit T 22 Gathigiriri is not the absolute property of Monica Wairimu Kamondo or her estate, but rather is held and managed by the National Irrigation Board under the Irrigation Act. The Board has the statutory authority to allocate, assign, and regulate such holdings, and the 1st defendant was issued a beacon certificate following the Board's procedures after the death of her husband, Benson Wangombe. The plaintiff failed to prove, on a balance of probabilities, that she or the estate of Monica Wairimu Kamondo had a superior claim to the rice holding…

  • Irrigation Scheme Land
  • Succession Of Scheme Holdings
  • Beacon Certificate Allocation
  • Licencee Rights
  • Ownership Disputes
  • Administrative Powers
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Land And Property [2018] KEELRC 888 (KLR)

Mary Njeri Kamanu v Martin Ng’ang’a Kamanu

Mary Njeri Kamanu v Martin Ng’ang’a Kamanu [2018] KEELRC 888 (KLR)

The court dismissed a mother’s motion for injunction and summary judgment over family land, finding no irreparable harm and that the son raised a triable defence.

  • Temporary Injunctions
  • Summary Judgment
  • Adverse Possession
  • Licencee Rights
  • Trespass
  • Family Land Disputes
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Land And Property [2018] KEELC 2537 (KLR)

Milka Wambui Ndaba & Solomon Mukonyo Ndaba v Josphat Kinyanjui Mukonyo, David Mbugua Mukonyo & Joseph Ndaba Mukonyo

Milka Wambui Ndaba & Solomon Mukonyo Ndaba v Josphat Kinyanjui Mukonyo, David Mbugua Mukonyo & Joseph Ndaba Mukonyo [2018] KEELC 2537 (KLR)

The court held that a Land Disputes Tribunal lacked jurisdiction over ownership issues in a Mwea irrigation scheme, so res judicata did not apply. The suit was dismissed.

  • Res Judicata
  • Jurisdiction Of Tribunals
  • Licencee Rights
  • Partition Of Land
  • Family Land Disputes
  • Res-judicata
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Land And Property [2018] KECA 337 (KLR)

P K A v K P A

P K A v K P A [2018] KECA 337 (KLR)

Court of Appeal dismissed an injunction application pending appeal, finding no arguable appeal where the applicant’s stay in the property had no legal basis.

  • Proprietary Estoppel
  • Injunctions
  • Beneficial Interest
  • Licencee Rights
  • Matrimonial Home Disputes
  • Injunctions-pending-appeal
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Land And Property [2017] KEELC 350 (KLR)

Wachira Njagi & Caroline Wamarwa Njagi v National Irrigation Board, Stephen Njagi Gichoya, Mucue Njagi, Grace Mabuti Njagi & Nancy Wamarwa Njagi

Wachira Njagi & Caroline Wamarwa Njagi v National Irrigation Board, Stephen Njagi Gichoya, Mucue Njagi, Grace Mabuti Njagi & Nancy Wamarwa Njagi [2017] KEELC 350 (KLR)

The court found that the plaintiffs are the current licencees and tenants of rice holdings No. 3966A and 3966B, with valid receipts and licences issued by the 1st defendant. The 1st defendant did not oppose the application, and the plaintiffs' averments were uncontroverted. There was no evidence of breach of licence conditions by the plaintiffs. The 2nd, 3rd, 4th, and 5th defendants do not hold any licence to the disputed rice holdings, and any attempt to occupy them would amount to trespass. The plaintiffs established a prima facie case, and the threat of eviction constituted irreparable inj…

  • Injunctive Relief
  • Licencee Rights
  • Rice Holding Disputes
  • Possession And Eviction
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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.