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Land And Property [2025] KEELC 5316 (KLR)

Bargochut v Birir & 13 others

Bargochut v Birir & 13 others [2025] KEELC 5316 (KLR)

Court
Environment and Land Court
Case number
Petition 07 of 2018
Judge
MN Kullow

The court found that the Petitioner failed to specifically plead and strictly prove fraud as required by law. The evidence presented—copies of the green card and official searches—did not establish any fraudulent acts or collusion by the Respondents. The Petitioner did not demonstrate that she had a registered, beneficial, or otherwise legally recognized interest in the suit land, nor did she provide any grant of letters of administration or confirmation of grant to show authority to act on behalf of her late father’s estate. The court held that Article 40 protection is limited to lawfully ac…

Source excerpt

  • Land Adjudication
  • Fraudulent Title Claims
  • Right To Property
  • Succession And Beneficial Interest
  • Fair Hearing
  • Limitation And Laches
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Land And Property [2023] KEELC 20506 (KLR)

Barchigei (Suing as Legal Personal Representative of Jonathan Kipkoross Chesagur) v Koross (Sued as the Administrator of the Estate of Elijah C.A. Koross) & 2 others

Barchigei (Suing as Legal Personal Representative of Jonathan Kipkoross Chesagur) v Koross (Sued as the Administrator of the Estate of Elijah C.A. Koross) & 2 others [2023] KEELC 20506 (KLR)

Court
Environment and Land Court
Case number
Environment & Land Petition 8 of 2016
Judge
FO Nyagaka

The court found that the Petitioner contributed Kshs. 23,000 towards the purchase of L.R. No. 11440 as part of a partnership with the 1st Respondent and others, entitling him to 80 acres. The agreement of 27/08/1974 was clear and created a resulting trust in the Petitioner's favour. The purported refund was not effected as the refund clause was conditional upon failure to acquire the land, which did not occur. The Land Control Board consent of 19/08/1980, granting joint ownership, remains valid and unchallenged, constituting an overriding interest. The 1st Respondent's registration of the ent…

Source excerpt

  • Resulting Trusts
  • Fraudulent Land Registration
  • Partnership Disputes
  • Land Control Board Consents
  • Constitutional Right To Property
  • Limitation And Laches
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.