Ngari v Broad Borders Housing Co-operative Society Ltd [2025] KECPT 358 (KLR)
Court
Cooperative Tribunal
Case number
Tribunal Case E492 of 2023
Judges
Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
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.
Strategic Investment Limited v ABC Investment Limited; Lexis International Limited (Proposed Defendant) [2025] KEHC 8804 (KLR)
Court
High Court
Case number
Civil Suit E037 of 2021
Judge
HI Ong'udi
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.
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.
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.
Ng’anga v Stima Investment Coop. Society Limited [2025] KECPT 304 (KLR)
Court
Cooperative Tribunal
Case number
Tribunal Case 234 of 2020
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
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…
Wachira v Afya Investment Cooperative Society Limited [2025] KECPT 300 (KLR)
Court
Cooperative Tribunal
Case number
Tribunal Case 900/E909 of 2023
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, PO Aol
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.
The court paused judgment and invited further submissions on whether it has jurisdiction to hear the appeal arising from a land sale agreement dispute.
Gachu & another v Ndocha & another [2025] KEELC 3985 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 41 of 2008
Judge
OA Angote
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…
Odhiambo v Machinji (Suing as the Director of Katiti Builders) [2025] KEELC 3993 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E024 of 2024
Judge
E Asati
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.
Capstone Heights Realtors Limited v Kigwor Kenya Ltd [2025] KEELC 2865 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case E296 of 2024
Judge
JA Mogeni
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.