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Kenya decisions
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Adeti Limited v Kamau & 2 others [2025] KEELC 5435 (KLR)
The court held that Adeti Limited proved a valid earlier title to Nairobi Block 105/4988, rejected the Defendants’ competing title, revoked it, and granted a permanent injunction.
Wamunyoro Investments Limited v Ohas & 2 others [2024] KEELC 1553 (KLR)
The court found that while the 2nd Defendant was initially lawfully allocated the suit property, it failed to comply with the terms of the letter of allotment, specifically by not making the required payments and acceptance within the stipulated 30-day period. This non-compliance caused the allotment to lapse and become void, and any subsequent payments or actions could not revive it. The property reverted to the government and was lawfully re-allocated to Karandi Farm Ltd and others, who complied with all requirements and were issued a valid grant. The Plaintiff, as a bona fide purchaser for…
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Salim & another v Shallo & 5 others [2023] KEELC 16958 (KLR)
The court found that both the plaintiffs and the 1st and 2nd defendants held titles over the same parcel of land, but the plaintiffs' titles were issued first in 1995 under the Registered Land Act, while the defendants' title was issued in 2013 under the Registration of Titles Act. The plaintiffs established their root of title through evidence from the allocation committee, the adjudication register, and the Land Registrar, all confirming their legitimate allocation and registration. The defendants failed to demonstrate how they were identified for allocation or to explain the legitimacy of…
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Homegrown Milers Limited v Capwell Industries Limited [2021] KEHC 183 (KLR)
Both parties have registered trademarks for 'Pamoja Maize Meal' effective during overlapping periods. The applicant's trademark registration is from 28th October 2015 to 28th October 2025, while the respondent's registration, initially from 24th May 2005 to 24th May 2015, was renewed to expire in 2025. The court finds that, given both parties have valid registrations, it cannot at this interlocutory stage determine superiority of rights or infringement without hearing the merits of the main suit. The applicant has not established a prima facie case as required for the grant of an injunction.…
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Abdalla Nginyanga Juma v Zamal Noor Mohamed Yunis (Sued as legal representative of Nur Mohamed Yunis Kana – Deceased), W. F. Hime & P. A. Zimerline T/A Hime & Zimerline & Attorney General [2016] KEELC 393 (KLR)
The court found that both parties purchased the suit plots for valuable consideration, but the 1st defendant was the first to secure registration and develop the land. The plaintiff failed to prove fraud or collusion on the part of the 1st defendant in obtaining certified copies of the deed plans, and the evidence did not show the 1st defendant was aware of the plaintiff's original deed plans. The plaintiff's registration in 2002 was unprocedural, as it was effected without first seeking cancellation of the 1st defendant's earlier titles, and the supporting documents were incomplete. The law…
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Darelle Limited Plaintiff v ASL Limited, Johnstone Kiplimo Chemos & Attorney General [2015] KEHC 1749 (KLR)
The court found that ASL Ltd was the lawful registered proprietor of LR No. 209/11151, having acquired title through a valid chain of transactions originating from Soy Developers Ltd, with all relevant entries and signatures on the grant confirmed as genuine by Lands office officials and forensic examiners. Darelle Ltd's title was found to be a forgery, not emanating from the Lands office, and the transfer to Darelle Ltd was effected in violation of a subsisting court injunction and during the pendency of litigation, invoking the doctrine of lis pendens. The court held that even if Darelle Lt…
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Elija Syekei V Headmaster Afraha High School [2012] KEHC 1941 (KLR)
The court found that the suit land had been lawfully allocated to the defendant's school years before the plaintiff's purported allocation. The Commissioner of Lands had already issued a letter of allotment and prepared a lease for the defendant, which was forwarded for registration. The subsequent allocation and issuance of title to the plaintiff was an illegality, as the land was no longer available for alienation under Section 3 of the Government Lands Act. The District Land Registrar and Director of Surveys ignored the prior allocation and survey, resulting in a fraudulent or mistaken reg…
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MAYFAIR HOLDING LTD v ANNE AKECH CHRISTENSEN & DISTRICT LAND REGISTRAR KISUMU [2009] KEHC 2448 (KLR)
The High Court granted a temporary injunction over a disputed parcel of land, finding the plaintiff had shown prior registration and a prima facie case pending trial.
BANK OF INDIA LIMITED v PRIME BANK LIMITED, ATTORNEY GENERAL & REGISTRAR OF LANDS [2008] KEHC 895 (KLR)
The High Court dismissed Bank of India’s application to remove a prior caveat and register a charge over land, holding the earlier caveat had priority.
BANK OF INDIA LIMITED V PRIME BANK LIMITED & 2 OTHERS [2008] KEHC 66 (KLR)
The High Court refused to withdraw a caveat or order registration of a charge, holding that the earlier caveat had priority and barred the applicant’s relief.
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