Kenya Case Law

Hirsi v Kiplimo

Hirsi v Kiplimo [2025] KEELC 5290 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E464 of 2024

Judge

CG Mbogo

Although the plaintiff produced a lease agreement and a certificate of title, he failed to provide crucial evidence such as an allotment letter, part development plan, or a letter of offer from the Commissioner of Lands to establish the root of his title. There was no approved survey plan or deed plan to show how he became the registered proprietor. The court held that, even in an undefended suit, the plaintiff bears the burden of proving lawful acquisition of title. In the absence of evidence explaining the process from lease to registration, the court was not satisfied that the plaintiff wa…

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• Ownership Disputes
• Title Registration
• Permanent Injunctions

Galaxy Merchant’s Limited & another v Kwagara & another

Galaxy Merchant’s Limited & another v Kwagara & another [2025] KEELC 5024 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2024

Judge

JO Mboya

The Environment and Land Court allowed the appeal, set aside orders of injunction and refund against the appellants, and held the dispute lay against the original vendor.

• Privity Of Contract
• Permanent Injunctions
• Breach Of Contract
• Refund Of Purchase Price
• Proprietary Rights
• Interest Awards

Karuri v Wairegi & 4 others

Karuri v Wairegi & 4 others [2025] KEELC 4182 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E073 of 2024

Judge

MAO Odeny

The Environment and Land Court dismissed an interlocutory motion seeking a permanent injunction, holding that final injunctive relief cannot be granted before the main suit is heard.

• Permanent Injunctions
• Res Judicata
• Ownership Disputes
• Interlocutory Applications
• Permanent-injunctions
• Interlocutory-applications

Manyasi v Kiragu

Manyasi v Kiragu [2025] KEELC 4126 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E006 of 2024

Judge

EC Cherono

The appellate court found that the appellant failed to discharge the burden of proof required to obtain a permanent injunction and boundary rectification. Although both parties held registered titles to adjacent parcels, the appellant did not provide a surveyor's report or other substantive evidence to demonstrate actual encroachment or the extent thereof. The court emphasized that it is not the duty of the court to investigate or gather evidence for parties; the appellant was responsible for presenting a complete case, including seeking orders for security to facilitate a survey if necessary…

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• Boundary Disputes
• Permanent Injunctions
• Title Registration
• Burden Of Proof

Gakuro & 2 others v Wanjau

Gakuro & 2 others v Wanjau [2025] KEELC 3855 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E003 of 2023

Judge

JO Olola

The court found that the appellants failed to strictly prove allegations of fraud in the acquisition and transfer of the suit property. The interested party, who sold the land to the respondent, produced credible documentary evidence of membership in the land buying company, payment for shares, and proper registration of the title. The appellants relied on similar documentation for their own adjacent parcel, undermining their claim of irregularity. The court noted the appellants' delay of over 25 years in raising the fraud claim, rendering it stale and statute-barred. There was no evidence th…

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• Land Ownership Disputes
• Trespass
• Permanent Injunctions
• Fraudulent Title Claims

Chengwali (Suing as Administrator of Chengwali Walukha) v Anjelimo & 7 others

Chengwali (Suing as Administrator of Chengwali Walukha) v Anjelimo & 7 others [2025] KEELC 3526 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E001 of 2024

Judge

EC Cherono

The Environment and Land Court upheld a ruling striking out a land suit as res judicata, finding the dispute over parcel Kimilili/Kamakuywa/1026 had already been litigated.

• Res Judicata
• Land Ownership Disputes
• Eviction Orders
• Permanent Injunctions
• Res-judicata
• Land-ownership-disputes

Mwasi v Chai

Mwasi v Chai [2025] KEELC 3486 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E070 of 2021

Judge

FM Njoroge

The court allowed an amendment to a plaint to correct a typographical error in an injunction prayer, so the judgment and decree would match the pleadings.

• Amendment Of Pleadings
• Permanent Injunctions
• Typographical Errors
• Possession And Occupation Of Land
• Amendment-of-pleadings
• Typographical-errors

Mwanzo Building Mart Limited & 5 others v Embakasi Ranching Company Limited & another

Mwanzo Building Mart Limited & 5 others v Embakasi Ranching Company Limited & another [2025] KEELC 3187 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 350 of 2019

Judge

OA Angote

The Plaintiffs successfully established their lawful acquisition of the suit properties from the 1st Defendant through documented non-member certificates, payment receipts, and possession, which was not rebutted by the Defendants.

Source excerpt

• Allocation Of Land
• Title Deeds
• Land Buying Companies
• Non Member Certificates
• Permanent Injunctions
• Declaratory Orders

Chepkwony v Rono & 3 others

Chepkwony v Rono & 3 others [2025] KEELC 3045 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 46 of 2017

Judge

LA Omollo

The Defendants' application to set aside the judgement was dismissed because they had already filed a Notice of Appeal, which divested the trial court of jurisdiction over the matter, and the court record demonstrated that the defendants had in fact been heard and presented their case.

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• Eviction Orders
• Setting Aside Judgment
• Trespass To Land
• Permanent Injunctions

People Like Us CBO (Suing through its officials Hussein Mohamed Abdinoor (Chairman) Aisha Adan (Secretary) and Aisha Halkanot (Treasurer) v Kimaru & 4 others

People Like Us CBO (Suing through its officials Hussein Mohamed Abdinoor (Chairman) Aisha Adan (Secretary) and Aisha Halkanot (Treasurer) v Kimaru & 4 others [2025] KEELC 1423 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 016 of 2021

Judge

JO Mboya

The Plaintiff's claim for ownership of the suit property was unfounded because they failed to provide sufficient evidence of a lawful allocation process, including a valid Part Development Plan or a letter of allotment from the authorized entity. Consequently, lacking any accrued lawful proprietary rights, the Plaintiff could not sustain claims of fraud or illegality regarding the registered ownership of the property by the 1st Defendant.

Source excerpt

• Allocation Of Trust Land
• Title To Land
• Fraud In Land Registration
• Letters Of Allotment
• Permanent Injunctions
• Burden Of Proof