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Kenya Case Law

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Land And Property [2025] KECPT 358 (KLR)

Ngari v Broad Borders Housing Co-operative Society Ltd

Ngari v Broad Borders Housing Co-operative Society Ltd [2025] KECPT 358 (KLR)

The Tribunal held that the respondent breached a land-sale contract, awarded Kshs 600,000 plus costs and interest, and denied general and exemplary damages.

  • Breach Of Contract
  • Specific Performance
  • Refund Of Purchase Price
  • Damages For Breach
  • Cooperative Society Disputes
  • Breach-of-contract
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Civil Procedure [2025] KEHC 8804 (KLR)

Strategic Investment Limited v ABC Investment Limited; Lexis International Limited (Proposed Defendant)

Strategic Investment Limited v ABC Investment Limited; Lexis International Limited (Proposed Defendant) [2025] KEHC 8804 (KLR)

The High Court at Nakuru allowed an application to join Lexis International Limited as a 2nd defendant, finding it was a necessary party to the dispute.

  • Joinder Of Parties
  • Arbitral Awards
  • Contractual Liability
  • Refund Of Purchase Price
  • Joinder-of-parties
  • Civil-procedure
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Land And Property [2025] KEELC 5024 (KLR)

Galaxy Merchant’s Limited & another v Kwagara & another

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

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
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Land And Property [2025] KEELC 4627 (KLR)

Giesen v Wamukowa

Giesen v Wamukowa [2025] KEELC 4627 (KLR)

The Environment and Land Court allowed the appeal, holding the land sale agreements void but ordering refund of Kshs. 500,000 to avoid unjust enrichment.

  • Capacity To Contract
  • Specific Performance
  • Refund Of Purchase Price
  • Invalid Land Sale Agreements
  • Succession And Land Transfer
  • Unjust Enrichment
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Land And Property [2025] KECPT 304 (KLR)

Ng’anga v Stima Investment Coop. Society Limited

Ng’anga v Stima Investment Coop. Society Limited [2025] KECPT 304 (KLR)

The Tribunal found that the claimant, as a member of the respondent cooperative, paid KES 1,700,000 in 2015 for four parcels of land in Lamu County. Despite the respondent's argument that the payment was a contribution towards a collective land acquisition, the Tribunal held that the claimant had a legitimate expectation to receive the land or, failing that, a refund. The respondent admitted receipt of the funds and acknowledged the inability to allocate the land due to administrative and legal obstacles. The Tribunal reasoned that the ongoing litigation and lack of subdivision approval did n…

  • Refund Of Purchase Price
  • Breach Of Legitimate Expectation
  • Cooperative Society Disputes
  • Failure Of Consideration
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Land And Property [2025] KECPT 300 (KLR)

Wachira v Afya Investment Cooperative Society Limited

Wachira v Afya Investment Cooperative Society Limited [2025] KECPT 300 (KLR)

The Cooperative Tribunal ordered the respondent to issue a title deed for a plot or, alternatively, pay the plot’s current market value after holding that the claimant proved payment and allocation.

  • Title Deed Issuance
  • Cooperative Society Land Allocation
  • Refund Of Purchase Price
  • Title-deed-issuance
  • Cooperative-society-land-allocation
  • Refund-of-purchase-price
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Land And Property [2025] KEELC 4132 (KLR)

Ntusha v Mbutu

Ntusha v Mbutu [2025] KEELC 4132 (KLR)

The court paused judgment and invited further submissions on whether it has jurisdiction to hear the appeal arising from a land sale agreement dispute.

  • Jurisdiction Of Court
  • Land Sale Agreements
  • Refund Of Purchase Price
  • Jurisdiction
  • Environment-and-land-court
  • Land-sale-agreements
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Land And Property [2025] KEELC 3985 (KLR)

Gachu & another v Ndocha & another

Gachu & another v Ndocha & another [2025] KEELC 3985 (KLR)

The court found that both the Plaintiffs and the 1st Defendant breached the sale agreements: the Plaintiffs by failing to pay rent as required under the lease and by taking possession before completion, and the 1st Defendant by failing to provide completion documents and effect transfer. The agreements were thus rescinded. The Plaintiffs were not entitled to specific performance due to their own breach and lack of clean hands, nor to general damages for breach of contract as such damages must be specifically pleaded and proved. However, the Plaintiffs were entitled to a refund of all monies p…

  • Specific Performance
  • Breach Of Contract
  • Rescission Of Contract
  • Refund Of Purchase Price
  • Tenancy And Possession
  • Remedies In Contract
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Land And Property [2025] KEELC 3993 (KLR)

Odhiambo v Machinji (Suing as the Director of Katiti Builders)

Odhiambo v Machinji (Suing as the Director of Katiti Builders) [2025] KEELC 3993 (KLR)

The Environment and Land Court dismissed an appeal over a land sale dispute, holding that the appellant was in breach and was not entitled to specific performance.

  • Specific Performance
  • Breach Of Contract
  • Eviction Orders
  • Refund Of Purchase Price
  • Specific-performance
  • Breach-of-contract
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Land And Property [2025] KEELC 2865 (KLR)

Capstone Heights Realtors Limited v Kigwor Kenya Ltd

Capstone Heights Realtors Limited v Kigwor Kenya Ltd [2025] KEELC 2865 (KLR)

The court partly allowed an application for a mandatory injunction, ordering disputed stakeholder funds of KES 66,025,120 to be preserved in a joint account pending trial.

  • Sale Of Land
  • Mandatory Injunctions
  • Stakeholder Funds
  • Breach Of Contract
  • Refund Of Purchase Price
  • Mandatory-injunctions
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.