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Kenya decisions
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Maina & another v Kingori [2025] KEELC 5163 (KLR)
Application for stay of execution dismissed for inordinate delay, incompetence of the appeal filed out of time, and because execution had already occurred.
Opon v Board of Governors Tom Mboya Labour College [2025] KEELC 5196 (KLR)
The Environment and Land Court granted reciprocal injunctions over Kisumu Municipality Block 13/23, preserving the land and restraining interference pending trial.
M’Nkanatha & 3 others v M’Mbui [2025] KEELC 5020 (KLR)
The court found that the applicants failed to satisfy the mandatory requirements for a stay of execution pending appeal, namely, demonstrating sufficient cause, substantial loss, and willingness to provide security for due performance. The applicants did not provide evidence of a prima facie stake in the suit property, as they had not filed any substantive suit to establish their claim of trust or family land. The court further held that the applicants did not substantiate the alleged risk of substantial loss, nor did they offer to provide security. Regarding the order of inhibition, the cour…
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Onyangi (Suing as Personal Representative and Administrator of the Estate of Ebby Minayo Mungasia) v Mwangi & another [2025] KEELC 4166 (KLR)
The court found that the deceased lawfully acquired the suit property after the original allottee, Mary Njeri Mwangi, failed to pay the mandatory 10% deposit, making the land available for reallocation by the Settlement Fund Trustee (SFT). The deceased fulfilled all conditions, paid the required amounts, and obtained a valid title. The defendants failed to prove fraud or illegality in the acquisition of the title, and there was no evidence that the 1st defendant or his predecessor was in peaceful, continuous possession for the statutory period required for adverse possession. The 2nd defendan…
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Buchere v Indimuli [2025] KEELC 4085 (KLR)
The court struck out the defendant’s counterclaim for want of locus standi, upheld the plaintiff’s title to the land, and granted a permanent injunction and removal of the caution.
In re Estate of Nelson Ngethe Nganga (Deceased) [2025] KEHC 5934 (KLR)
The High Court at Kiambu struck out an application to remove cautions on estate land, holding the applicants had not first used the Land Registration Act procedure.
Mwangi (Sued in my Capacity as the Personal Representatives of Francis Mwangi Gitau aka Francis Kinuthia Gitau) v Kinuthia [2025] KEELC 3567 (KLR)
The court dismissed an application to remove a caution over land, finding unresolved ownership and succession disputes made the matter unsuitable for final determination.
Njagi v Gichigo & another [2025] KEELC 1410 (KLR)
The customary trust over the suit land was extinguished when the registered owner (the grandfather) died and the land was subjected to succession proceedings, resulting in registration in the names of the 1st Respondent and the deceased's sister-in-law as tenants in common.
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Murigu v Kenya Commercial Bank Limited [2025] KEELC 2861 (KLR)
The court reviewed its earlier ruling, awarded Kshs 3,000,000 general damages for wrongful restriction/caution, dismissed special damages, and awarded costs of the originating summons.
Sagira v Jandiko & 2 others [2025] KEELC 1442 (KLR)
The caution placed on the land title was explicitly stated to be pending the hearing and determination of the originating suit. As the suit has been determined and the plaintiff's claim over the specific parcel dismissed, and no application for maintaining the caution pending appeal has been made, the basis for the caution's existence has ceased.
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