Kenya Case Law

Mwangi v Raimbir

Mwangi v Raimbir [2025] KEELC 3882 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2023

Judge

BM Eboso

The court found that the respondent’s claim was not statute-barred, as the cause of action arose in 2019 when the appellant attempted to rescind the contract and evict the respondent. The issue of Land Control Board consent was not properly pleaded or proved as a defence, and the evidence showed consent was obtained, albeit with some irregularities. The appellant breached the sale agreement by purporting to rescind a non-existent contract for two acres and by attempting to evict the respondent, despite the original agreement being for one acre at Kshs 250,000, which the respondent paid in ful…

Source excerpt

• Specific Performance
• Land Sale Agreements
• Limitation Of Actions
• Land Control Board Consent
• Breach Of Contract
• Remedies In Equity

John Gicheru t/a Ruiru Green Estate v Gakuu

John Gicheru t/a Ruiru Green Estate v Gakuu [2025] KEELC 2990 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E019 of 2024

Judge

JA Mogeni

The court held that although Section 3(3) of the Law of Contract Act requires contracts for the sale of land to be in writing, this statutory requirement does not preclude the application of equitable doctrines such as constructive trust and proprietary estoppel. The evidence established that the respondent paid the full purchase price for ten plots, and the appellant delivered only nine, retaining the tenth plot without sufficient justification or proof of additional costs. The appellant failed to provide documentary evidence of any demand for further payment or agreement on subdivision cost…

Source excerpt

• Specific Performance
• Oral Land Contracts
• Constructive Trust
• Proprietary Estoppel
• Breach Of Contract
• Remedies In Equity

Brenchly (Appealing as the legal representative of the Estate of David Lee Brencely – Deceased) v Imathiu

Brenchly (Appealing as the legal representative of the Estate of David Lee Brencely – Deceased) v Imathiu [2024] KEELC 13420 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E076 of 2022

Judge

CK Nzili

The court found that the evidence overwhelmingly established that the respondent acquired and registered L.R No. Nyaki/Munithu/1480 and 1481 as trustee for the deceased, who provided the full purchase price but could not register the land in his own name due to his non-citizen status. The respondent's own conduct, including signing the land control board consent application for transfer, surrendering title deeds, and written admissions, supported the existence of a resulting trust. The respondent failed to rebut the presumption of trust, provided no credible evidence of a loan arrangement, an…

Source excerpt

• Resulting Trust
• Constructive Trust
• Land Registration
• Beneficial Ownership
• Burden Of Proof
• Remedies In Equity

Gichuri v Kigunda

Gichuri v Kigunda [2024] KEELC 6530 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 821 of 2015

Judge

OA Angote

The court enforced a land sale agreement, finding the plaintiff had paid the price and was entitled to specific performance, subdivision, and transfer of half an acre.

• Specific Performance
• Sale Of Land
• Contract Enforcement
• Remedies In Equity
• Specific-performance
• Sale-of-land

Mawa Family Co Ltd v Industrial & Commercial Development Corporation & another

Mawa Family Co Ltd v Industrial & Commercial Development Corporation & another [2024] KECA 802 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 76 of 2017

Judges

W Karanja, J Mohammed, LK Kimaru

The Court of Appeal held that the appellant breached a land sale contract by failing to pay the balance on time, and specific performance was unavailable.

• Breach Of Contract
• Specific Performance
• Statutory Power Of Sale
• Auction Sales
• Remedies In Equity
• Specific-performance

Schiering v Said & 2 others

Schiering v Said & 2 others [2024] KEELC 3795 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 144 of 2021

Judge

AE Dena

The court found that although the alleged express trust agreement was not signed by the 1st defendant, the circumstances and conduct of the parties established a constructive trust. The plaintiff and 1st defendant had a close, trust-based relationship, and the transfer of the suit properties to the 1st defendant was for the purpose of facilitating subdivision and sale, not to confer absolute ownership. The 1st defendant's retention of the sale proceeds and assertion of exclusive ownership amounted to unjust enrichment and unconscionable conduct. The court held that the registration of the 1st…

Source excerpt

• Constructive Trust
• Resulting Trust
• Land Title Rectification
• Ownership Disputes
• Company Property
• Remedies In Equity

Gathuna v Gatimu & another

Gathuna v Gatimu & another [2024] KECA 22 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 402 of 2018

Judges

S ole Kantai, M Ngugi, PM Gachoka

The Court of Appeal upheld specific performance of a land sale, finding the agreement valid, the price fully paid, and Land Control Board consent curable.

• Specific Performance
• Land Sale Agreements
• Land Control Board Consent
• Estoppel
• Contract Execution
• Remedies In Equity

Chege v Statutory Manager United Insurance Company Limited(Under Statutory Management) & another

Chege v Statutory Manager United Insurance Company Limited(Under Statutory Management) & another [2023] KEELC 21157 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E038 of 2021

Judge

MN Gicheru

The appellant failed to prove that she paid the full purchase price for the suit land as required by the sale agreement. The agreement stipulated payment by monthly installments within 24 months, and time was of the essence. The appellant did not comply with these terms and was therefore in breach of contract. Allegations of fraud were not substantiated to the required standard. The remedy of specific performance was unavailable as the appellant had not performed her obligations, and the land was not shown to be unique or damages inadequate. Additionally, claims relating to terminal dues and…

Source excerpt

• Specific Performance
• Sale Of Land
• Breach Of Contract
• Burden Of Proof
• Remedies In Equity

Alvine Brooks Limited v Kirunyu

Alvine Brooks Limited v Kirunyu [2023] KEELC 20159 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E007 of 2022

Judge

BM Eboso

The court found that the plaintiff had fully performed its contractual obligations under the sale agreement, including timely payment of the full purchase price. The defendant's attempt to unilaterally rescind the contract was not supported by any breach or misrepresentation by the plaintiff and was not permitted under the contract or the incorporated Law Society of Kenya Conditions of Sale. The defendant's reasons for rescission, namely objections from family members, were not recognized in law or the contract, and the property was not ancestral or subject to family claims. The court held th…

Source excerpt

• Specific Performance
• Sale Of Land Contracts
• Breach Of Contract
• Remedies In Equity
• Vacant Possession
• Contractual Obligations

Nyaga & 44 others v Ndungu t/a Urutagwo Mwiruti Women Group

Nyaga & 44 others v Ndungu t/a Urutagwo Mwiruti Women Group [2023] KEELC 439 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 129 of 2019

Judge

A Nyukuri

The court found that the Plaintiffs had proved, on a balance of probabilities, that they purchased the suit property from the Defendant, paid the full purchase price, received plot ownership certificates, and have been in occupation and development of the land since 2005. The Defendant, as registered proprietor, failed to transfer the titles despite repeated demands and further payments. The Defendant's denials were unsupported by evidence, and her failure to seek eviction or challenge the Plaintiffs' occupation further supported the Plaintiffs' case. The court held that a constructive trust…

Source excerpt

• Specific Performance
• Sale Of Land
• Constructive Trust
• Transfer Of Title
• Ownership Certificates
• Remedies In Equity