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Kenya decisions
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Nguruka & 4 others v National Land Commission & 5 others [2025] KEELC 5027 (KLR)
The Environment and Land Court found that the land in dispute was not shown to be covered by a prior Supreme Court judgment and dismissed the application to strike out the suit.
Mutua & 5 others v Mtua & 5 others [2025] KEELC 5118 (KLR)
The court found that the petitioners' claim for adverse possession was improperly brought as a constitutional petition rather than by originating summons as required by law. The petitioners failed to meet the threshold for constitutional petitions, having not pleaded their case with the necessary precision or demonstrated a violation of constitutional rights by the respondents. The court emphasized that adverse possession claims are governed by a specific statutory and procedural framework under the Limitation of Actions Act and Civil Procedure Rules, which must be strictly followed. Furtherm…
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Nyaberi & another v Akoth & another [2025] KEELC 3470 (KLR)
The court found that the originating summons was improperly brought as the issues had already been determined in Machakos ELC No. 19 of 2017 and confirmed on appeal, making the matter res judicata. Furthermore, the court held that substantive orders such as removal of a caveat cannot be granted through an application but must be sought through proper procedure in the original file. As such, the application was unmerited and dismissed with costs to the 1st respondent.
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Nyobambo (Suing as an Administrator of the Estate of Pitalis Opanga Nyobambo) v Opanga & 2 others [2025] KEELC 5318 (KLR)
The Environment and Land Court struck out an originating summons challenging alleged fraudulent transfer of land, holding the claim was improperly commenced under Order 37.
JWM v MMW [2025] KEHC 3534 (KLR)
The High Court declined to strike out an unprosecuted matrimonial-property Originating Summons, finding no proof it was overtaken by events, but ordered a notice to show cause for want of prosecution.
Sanga & 3 others v Karimi [2025] KECA 184 (KLR)
The Court of Appeal upheld dismissal of an application to strike out an adverse possession originating summons, finding the issues were for trial.
RT v SAG alias AGB [2025] KEHC 17006 (KLR)
The High Court at Marsabit dismissed a preliminary objection in a matrimonial property dispute, holding that the petition was properly filed by originating summons.
Rono (Suing as the Executrix of the Estate of the Late David Rono) v Almer Farm Limited [2025] KEELC 374 (KLR)
The court has the power to adopt an award by the National Land Commission on a historical land injustice claim as an order of the court for execution purposes, particularly when the award has not been set aside or discharged and there is no evidence to support a claim of res judicata or abuse of process in seeking such adoption.
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Kega & another v Blue Nile (East Africa) Limited [2025] KEELC 232 (KLR)
The Magistrate's Court had the requisite jurisdiction to hear the matter despite it being filed by Originating Summons because the presiding officer is a 'Judge' within the meaning of the Civil Procedure Act, and the court was gazetted to hear environment and land matters involving instruments granting enforceable interests in land. Furthermore, the doctrine of privity of contract did not bar the Respondent's claim because the guarantee agreement was clearly intended to benefit the Respondent, falling under an exception to the doctrine. The issue of whether the claim was time-barred based on…
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Orega & 2 others (Suing as Legal Administrators of the Estate of Okoth Omondi - Deceased) v Otieno & 2 others (Sued as Purported Administrators of the Estate of Sabina Aromoi - Deceased) [2025] KEELC 175 (KLR)
The suit was struck out because the defendants sued lacked the legal capacity to represent the deceased defendant's estate and because the plaintiff improperly moved the court by originating summons when seeking orders for title cancellation and rectification of the register, which should have been filed by way of a plaint due to the contentious nature of the issues.
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