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Kenya decisions
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Ngetich & another v Soi [2025] KEELC 5329 (KLR)
The court extended time to appeal, allowed a change of advocates, and ordered costs to abide the appeal after finding an arguable land dispute appeal and no prejudice.
Dhiman v Shah [2025] KECA 1264 (KLR)
The Court of Appeal held that setting aside the ex parte judgment of 16th September 1999 nullified all consequential orders, including the vesting order and transfer of the suit property to the respondent. The court found the loan agreement void for unconscionability, as the interest rate of 36% compounded quarterly over decades would result in an oppressive and disproportionate liability, violating principles of fairness and equity. The court rejected the argument that the agreement was illegal under the Banking Act, finding no evidence the respondent was engaged in habitual money lending. T…
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Meshoi v Meshoi & 9 others [2025] KEELC 5245 (KLR)
The court declined to adopt the proposed consents as judgments because they purported to affect the rights of Defendants who were not parties to the consents, violating principles of natural justice. Further, the Plaintiff had died on 1st December 2023 and had not been substituted by a legal representative within the statutory period. Any purported grant of letters of administration ad litem issued by this court was null and void, as the court lacked jurisdiction to issue such grants. Consequently, the suit abated by operation of law under Order 24 rule 4(3) of the Civil Procedure Rules, and…
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Kandiro v Land Registrar, Laikipia County & 4 others [2025] KEELC 5116 (KLR)
The Environment and Land Court allowed an appeal, found the title cancellation unsupported by due process, set aside the trial judgment, and ordered rectification of the register.
Muthungu v Chiguzo & 4 others; Apollo Insurance Company Limited (Interested Party) [2025] KEELC 4881 (KLR)
The court held the petitioner was the registered owner of Kwale/Galu/Kinondo/577, quashed the Kadhi's order, and found the respondents failed to prove ownership.
Kamau & 2 others v Kenya Railways Corporation & 2 others [2025] KEELC 4869 (KLR)
The court held that parcels 363 and 364 belonged to Kenya Railways Corporation, found the private titles void, dismissed the plaintiffs’ suit, and allowed KRC’s counter-claim.
Mghendi (Suing as the Legal Representative of the Estate of Christopher Athumani Mwavula) v Bayusuf & 3 others [2025] KEELC 4749 (KLR)
The court found that the plaintiff was the first rightful allottee and proprietor of the suit property, having followed due process in the allocation, payment, and registration of the grant and deed plan. The 1st defendant failed to prove bona fide purchase for value without notice, as he did not provide evidence of regular allocation, payment, or transfer from his vendor, nor did he call the vendor as a witness. The plaintiff's title, being first in time and procedurally regular, prevails over the 1st defendant's title, which was tainted by irregularities and lack of supporting documentation…
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Mbugua (Suing as Administrator of the Estate of the Late Joseph Kiarie Mbugua) v Bakari & 4 others [2025] KEELC 4747 (KLR)
The court found the suit property belonged to the deceased, held the 1st defendant’s title was fraudulently obtained, and revoked the 4th defendant’s title.
Marete & 2 others v Kinyua (Sued as the Legal representative of the Estate of Patrick Kinyua Iringo - Deceased) [2025] KECA 1003 (KLR)
Court of Appeal allowed an appeal after finding the High Court overlooked submissions already on record, making its refusal to review an error on the face of the record.
In re Estate of the Late Paul Kiplangat Soi (Deceased) [2025] KEHC 7502 (KLR)
The High Court dismissed a succession application seeking rectification of the Bomet land register, holding that the estate of the registered proprietor had not been heard and a pending appeal would be prejudiced.
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