Kenya Case Law

Mayfair Holdings Limited v County Commissioner Kisumu & 3 others; Ethics & Anti-Corruption Commission & another (Interested Parties)

Mayfair Holdings Limited v County Commissioner Kisumu & 3 others; Ethics & Anti-Corruption Commission & another (Interested Parties) [2024] KEELC 6332 (KLR)

Court

Environment and Land Court

Case number

Constitutional Petition 2 of 2019

Judge

SO Okong'o

The court found that the petitioner did not acquire valid titles to Kisumu Municipality/Block 11/99, 11/100, or 11/187. The evidence established that Plots 99 and 100 were vested in Kenya Railways Corporation, which had subleased them to third parties, and there was no evidence of surrender or consent for their reallocation. The purported allocation and subsequent registration of these plots in the petitioner's name were illegal, fraudulent, and contrary to statutory and constitutional provisions. Plot 187 was a road reserve, not available for allocation, and its conversion to private ownersh…

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• Title Registration
• Public Land Allocation
• Fraudulent Conveyance
• Right To Property
• Rectification Of Registers
• Public Trust Land

M'anampiu (Suing as the Legal Representative of the Estate of Kanampiu Mutuera - Deceased) v Director Land Adjudication and Settlement & 4 others

M'anampiu (Suing as the Legal Representative of the Estate of Kanampiu Mutuera - Deceased) v Director Land Adjudication and Settlement & 4 others [2024] KEELC 5560 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E046 of 2023

Judge

CK Nzili

The court found that the appellant's claim was statute-barred, having been brought more than 50 years after the issuance of the relevant title deeds. The appellant failed to provide credible evidence of fraud or illegality in the adjudication and registration process, and did not produce certified copies of the adjudication register or other official records to substantiate the alleged reduction in acreage. The court held that the appellant and his late father had ample opportunity to inspect the adjudication register and raise objections but failed to do so, and that ignorance or illiteracy…

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• Adjudication Registers
• Limitation Of Actions
• Fraud In Land Registration
• Rectification Of Registers
• Burden Of Proof
• Title To Land

Murithii v Osome & 4 others

Murithii v Osome & 4 others [2024] KEELC 3970 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 486 of 2013

Judge

A Ombwayo

The court held that the Plaintiff remained the lawful owner of two parcels after finding the 1st Defendant failed to prove valid title, rendering later transfers and a charge void.

• Ownership Disputes
• Fraudulent Transfer
• Land Registration
• Bona Fide Purchaser
• Rectification Of Registers
• Land-ownership-disputes

Bunde v Owuor & 3 others

Bunde v Owuor & 3 others [2023] KEELC 21448 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 45 of 2022

Judge

GMA Ongondo

The court adopted a Land Registrar’s report resolving a boundary and registration dispute, finding the plaintiff’s interest had been extinguished after subdivision and sale of the land.

• Land Registration
• Rectification Of Registers
• Fraudulent Land Subdivision
• Eviction Orders
• Boundary Disputes
• Land-registration

Manyara (Suing as the Legal Representative of the Estate of Maurice Martin Mwale Mbuki) v Muteti & 5 others

Manyara (Suing as the Legal Representative of the Estate of Maurice Martin Mwale Mbuki) v Muteti & 5 others [2023] KEELC 21299 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E059 of 2021

Judge

LC Komingoi

The court found that the suit properties were transferred from the deceased to the 1st to 5th Defendants after his death, at a time when he lacked legal capacity to effect such transfers. No evidence was adduced to show that the transfers were supported by a grant of representation or that the proper legal procedures were followed. The absence of the parcel file and the non-appearance of the 1st to 5th Defendants left the transfers unexplained. The court held that the transfers were illegal, unprocedural, and/or effected through a corrupt scheme, rendering them invalid. However, the Plaintiff…

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• Fraudulent Land Transfer
• Succession Of Estates
• Rectification Of Registers
• Title Sanctity
• Land Injunctions

Kenya Industrial Estates Limited v Post Bank Credit Limited (In Liquidation) & 4 others

Kenya Industrial Estates Limited v Post Bank Credit Limited (In Liquidation) & 4 others [2023] KEHC 2358 (KLR)

Court

High Court

Case number

Commercial Case 56 of 2018

Judge

RE Aburili

The High Court held that the dispute’s core issues were ownership, title, and use of land, so jurisdiction lay with the Environment and Land Court. The file was transferred back and the High Court closed the matter.

• Jurisdiction Of Courts
• Ownership Of Land
• Rectification Of Registers
• Fraudulent Transfer Of Title
• Jurisdiction-of-courts
• Land-ownership

Mohamud v Gathua & 3 others

Mohamud v Gathua & 3 others [2022] KEELC 3553 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E207 of 2020

Judge

OA Angote

The court found that the Plaintiff had proved, on a balance of probabilities, that he is the lawful and duly registered proprietor of the suit property, L.R No 36/VII/323, having acquired it for valuable consideration and with a clear root of title. The evidence, including official searches and records from the Ministry of Lands, confirmed the Plaintiff's ownership and the absence of any legitimate conveyance to the 1st Defendant. The Indenture relied upon by the 1st Defendant was found to be a forgery, not emanating from the Ministry of Lands, and the 1st Defendant's claim was unsubstantiate…

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• Land Ownership
• Title Registration
• Fraudulent Transfer
• Rectification Of Registers

Francis Nyauma Obare, Samwel Onyinkwa Omasire, Thomas Momanyi & John Musuko Obarev Maina Marwanga Omwamire & Peter Maina

Francis Nyauma Obare, Samwel Onyinkwa Omasire, Thomas Momanyi & John Musuko Obarev Maina Marwanga Omwamire & Peter Maina [2021] KEELC 186 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 90 of 2021

Judge

CM Kamau

The court found that the defendants/applicants failed to satisfy the statutory grounds for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules. The Surveyor's Report did not constitute new and important evidence that was not available with due diligence at the time of the original judgment. The grounds advanced by the applicants, namely that the judgment was incapable of execution, are matters for appeal, not review. Furthermore, the application for review was filed more than four years after the judgment, and the applicants failed to provide a…

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• Review Of Judgment
• Boundary Disputes
• Rectification Of Registers
• Delay In Application

Lawi Mwanika v Joel Mworia Mwirabua, Land Adjudication & Settlement Officer, Tigania East & Attorney General

Lawi Mwanika v Joel Mworia Mwirabua, Land Adjudication & Settlement Officer, Tigania East & Attorney General [2021] KEELC 3114 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 98 of 2019

The Environment and Land Court dismissed an appeal challenging a magistrate’s strike-out for want of jurisdiction, holding the land adjudication decision was final under the Land Consolidation Act.

• Land Adjudication
• Jurisdiction Of Courts
• Finality Of Adjudication Decisions
• Rectification Of Registers
• Land-adjudication
• Jurisdiction

Zablon Ndisio Obuya Owuor v Eunita Auma Ogutu (Sued as the Representative of the Estate of the late Hezron Ogutu Owuor), Patrobas Onyango (Sued as the Representative of the Estate of the late Onyango Owuor), Austin Okeyo (Sued as the Representative of the Estate of the late Onyango Owuor), Jacob Onyango Owuor (Sued as the Representative of the Estate of the late Rakara Owuor), Land Registrar Migori & Land Surveyor Migori County

Zablon Ndisio Obuya Owuor v Eunita Auma Ogutu (Sued as the Representative of the Estate of the late Hezron Ogutu Owuor), Patrobas Onyango (Sued as the Representative of the Estate of the late Onyango Owuor), Austin Okeyo (Sued as the Representative of the Estate of the late Onyango Owuor), Jacob Onyango Owuor (Sued as the Representative of the Estate of the late Rakara Owuor), Land Registrar Migori & Land Surveyor Migori County [2021] KEELC 4417 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 42 of 2020

Judge

GMA Ongondo

The court found that the issues in dispute regarding the ownership, partition, and registration of the suit land are highly contested and that the applicant has demonstrated the need for preservation of the status quo to prevent prejudice and maintain the existing state of affairs pending the hearing and determination of the main suit. The court recognized its mandate under the Environment and Land Court Act and the Constitution to grant interim preservation orders, including status quo, and applied the principles governing interlocutory injunctions as set out in Giella v Cassman Brown and su…

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• Status Quo Orders
• Interlocutory Injunctions
• Land Partition Disputes
• Rectification Of Registers