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Kenya decisions
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Kiiru v Gitau & 2 others [2025] KEELC 5438 (KLR)
The Environment and Land Court dismissed an appeal over a land boundary dispute, holding that the matter should first have been resolved by the Land Registrar.
Ondora v Ondoro [2025] KEELC 5387 (KLR)
The court found that the plaintiff established, on a balance of probabilities, that the suit property North/Ugenya/Doho/169 was family land prior to registration, occupied and used by both wives and their children, and that the defendant, though registered as proprietor, held the portion occupied by the plaintiff and her children in trust for them. The evidence showed the land was divided and used as two equal halves, and the defendant's registration was due to intervening circumstances, not an intention to exclude the plaintiff. The court applied the principles of customary and constructive…
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Kigano v County Government of Mombasa & 2 others [2025] KEELC 5298 (KLR)
The court dismissed a land ownership claim over Mombasa/MN/Block 1/713, finding no proved proprietary interest overriding the registered title held by the 2nd defendant.
Kinyanjui & another v Mbiyu [2025] KEELC 5231 (KLR)
The court found a customary trust over half of the suit land, ordered transfer to the plaintiffs, and dismissed the defendant’s counterclaim.
Bunusei & 2 others v Tomas [2025] KEELC 5288 (KLR)
The court found that the appellants failed to discharge the burden of proof required to establish a customary trust over the suit land. Although the appellants claimed occupation and entitlement based on clan resolutions and ancestral lineage, their evidence was inconsistent, particularly regarding actual occupation and the existence of a homestead on the suit land. The court noted that the appellants had purchased and settled on other parcels, and the only homestead on the suit land belonged to their mother. The documentary evidence produced by the appellants, including the letter of consent…
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Bartocho v Cheruiyot & another [2025] KEELC 5447 (KLR)
The Environment and Land Court dismissed an appeal over Mosop/Kapchorwa/1121, holding that the respondent had a prior equitable interest and the appellant’s title could not defeat it.
Wafula (Suing as the Legal and Personal Representative of the Estate of the Late Patrick Mapango Wafula) v Wabule & another [2025] KEELC 5098 (KLR)
The court found that the appeal was incompetent and a nullity ab initio because it was brought against a deceased party, contrary to established legal principles. The appellant was aware of the death of the 1st respondent but failed to amend her pleadings or pursue citation proceedings against the estate, rendering both the counterclaim and the appeal fatally defective. On the substantive land dispute, the court held that the appellant failed to prove any registrable or overriding interest in the suit land, as her claim was based on unperfected agreements and lacked evidence of fulfillment of…
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Mwangi v Gathura [2025] KEELC 5117 (KLR)
The Environment and Land Court dismissed an appeal over ownership of land, holding the title was subject to a customary trust and the respondent’s counterclaim was not time-barred.
Mwangi v Karii [2025] KEELC 5125 (KLR)
The Environment and Land Court dismissed an appeal over ownership of family land, holding the appellant failed to prove lawful title and that customary trust issues remained intact.
Njuguna v Guaranty Trust Bank (Kenya) Limited & 2 others; Ngotho t/a Ndundu Cereals Stores & another (Defendant) [2025] KEHC 10290 (KLR)
The High Court dismissed a spouse’s challenge to a bank charge over land, finding no proof of a registered caution or overriding interest, and upheld the guarantor’s liability.
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