Kenya Case Law

Our Lady of Grace School Foundation Ltd. (Formerly Known As Libra Institute) v Registered Trustees of Franciscan Sisters of St. Anne, Lwak & another

Our Lady of Grace School Foundation Ltd. (Formerly Known As Libra Institute) v Registered Trustees of Franciscan Sisters of St. Anne, Lwak & another [2025] KEELC 5401 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 42 of 2020

Judge

SO Okong'o

The court dismissed a claim for transfer of land, holding that any trust was for the Dominican Friars, not the Plaintiff, and that the Plaintiff lacked standing.

• Resulting Trusts
• Beneficial Ownership
• Land Registration
• Trust Enforcement
• Locus Standi
• Resulting-trust

Suter v Chebet (Sued as the Legal Representative of James Cheboi Chesir - Deceased)

Suter v Chebet (Sued as the Legal Representative of James Cheboi Chesir - Deceased) [2025] KEELC 5059 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 77 of 2012

Judge

CK Nzili

The court found that the plaintiff established, on a balance of probabilities, that a trust existed over 7 acres of the suit land in his favour. The evidence showed that both parties' late fathers contributed to the purchase of the land in 1964, and a family agreement in 1994 confirmed the defendant would hold 7 acres in trust for the plaintiff. The defendant's evidence failed to rebut the plaintiff's version, and the documentation produced by the defendant was incomplete and did not negate the trust arrangement. The court held that the intention to create a trust was evident, particularly gi…

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• Trusts In Land
• Resulting Trusts
• Family Land Disputes
• Land Registration
• Overriding Interests
• Succession And Land

Abuga & 4 others (Suing as Officials of Mwanzo Development Company Limited Plot Owners Welfare Association in Mavoko Town, Block 3/2131 (Formerly Lukenya 426) v Mwanzo Development Company Limited

Abuga & 4 others (Suing as Officials of Mwanzo Development Company Limited Plot Owners Welfare Association in Mavoko Town, Block 3/2131 (Formerly Lukenya 426) v Mwanzo Development Company Limited [2025] KEELC 4793 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 265 of 2017

Judge

A Nyukuri

The court held that the plaintiffs proved lawful purchase of their plots and ordered specific performance and a permanent injunction against further fee demands.

• Specific Performance
• Permanent Injunction
• Land Sale Contracts
• Resulting Trusts
• Title Deeds
• Burden Of Proof

Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Barchigei (Sued as the Legal Representative of the Estate of Jonathan Kipkoros Barchigei) & 2 others

Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Barchigei (Sued as the Legal Representative of the Estate of Jonathan Kipkoros Barchigei) & 2 others [2025] KECA 1038 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E089 of 2023

Judges

JM Mativo, PM Gachoka, GV Odunga

The Court of Appeal found that the petition met the threshold for a constitutional petition as it set out the alleged violations of constitutional rights with sufficient precision. The doctrine of res judicata did not apply because the 1st respondent was not a party to the previous suits and the specific constitutional issues raised had not been previously determined on their merits. The doctrine of laches was inapplicable as there is no statutory limitation for constitutional petitions, and the 1st respondent acted promptly upon learning he was not a party to earlier proceedings. The evidenc…

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• Ownership Of Land
• Resulting Trusts
• Fraud In Land Transactions
• Constitutional Right To Property
• Res Judicata
• Limitation Of Actions

Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Kiptoo & 6 others

Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Kiptoo & 6 others [2025] KECA 1031 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E088 of 2023

Judges

JM Mativo, GV Odunga, PM Gachoka

The Court of Appeal found that the doctrine of res judicata did not bar the respondents’ counterclaims because they were not parties to the previous suits and the issues in those suits were not identical to the present dispute. The respondents’ claims were not time-barred as they were based on a resulting trust, and limitation periods do not apply to actions by beneficiaries under a trust involving fraud. The court held that, despite procedural defects in the pleadings and counterclaims, substantive justice required the dispute to be determined on its merits due to its protracted nature and g…

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• Resulting Trusts
• Fraudulent Land Registration
• Res Judicata
• Limitation Of Actions
• Partnership Disputes
• Land Control Board Consents

Omwenga v Omwenga & another

Omwenga v Omwenga & another [2025] KEELC 3229 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E035 of 2022

Judge

LC Komingoi

The court found that the 1st Defendant breached the trust bestowed upon her by the Plaintiff by registering suit properties in the name of the 2nd Defendant, holding that a resulting trust arose from the Plaintiff providing the purchase funds, and ordered cancellation of registration of two properties in the 2nd Defendant's name and registration in the Plaintiff's sole name, while the jointly registered property remained in joint names taking into account the 1st Defendant's non-monetary contributions to the family.

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• Resulting Trusts
• Fiduciary Duties
• Matrimonial Property
• Land Registration
• Breach Of Trust
• Jurisdiction

Gikandi & 2 others (Duly Appointed Officials of Hiuka Gikandi Women Group) v Wanjohi

Gikandi & 2 others (Duly Appointed Officials of Hiuka Gikandi Women Group) v Wanjohi [2024] KEELC 13341 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 1 of 2022

Judge

JO Olola

The court found that the Applicants had demonstrated payment for the four plots through Nanga Central Marketing Services Ltd, which settled the estate's debt to Continental Credit Finance Ltd. The evidence showed that the Respondent, as administrator, held the titles in trust for the Applicants. The previous suit (Nyeri CMCC No. 114 of 2018) did not address the issue of trust, and thus the doctrine of res judicata did not apply. The Applicants' entitlement to the plots was established through the court-sanctioned process in the succession cause, and the trust survived subsequent subdivisions…

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• Trusts In Land
• Resulting Trusts
• Constructive Trusts
• Succession And Administration
• Land Registration
• Res Judicata

JKG v MGM

JKG v MGM [2024] KEHC 13867 (KLR)

Court

High Court

Case number

Civil Appeal E127 of 2022

Judge

CJ Kendagor

The High Court allowed an appeal, finding no presumption of marriage and holding that the respondent proved no beneficial interest in the land.

• Presumption Of Marriage
• Resulting Trusts
• Matrimonial Property
• Cohabitation Rights
• Property Division
• Beneficial Interest

Crane & another v Kamau & another

Crane & another v Kamau & another [2024] KEELC 6392 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 598 of 2014

Judge

JO Olola

The court found that the Plaintiffs had demonstrated, through documentary and testimonial evidence, that the funds for the purchase of the suit properties were provided by Project Kenya Inc. (USA) and its affiliates, and that the properties were registered in the 1st Defendant's name as trustee pending local incorporation. The Memorandum of Understanding and bank records established a resulting and/or constructive trust in favour of the Plaintiffs. The 1st Defendant's claim of sole ownership was unsupported by credible evidence, and his assertion of using personal or condolence funds was cont…

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• Trusts In Land
• Resulting Trusts
• Constructive Trusts
• Mesne Profits
• Locus Standi
• Vacant Possession

Kutto & 3 others v Kruger & another

Kutto & 3 others v Kruger & another [2024] KEELC 5825 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 11 of 2022

Judge

JM Onyango

The court found that the plaintiffs failed to prove any proprietary interest in the suit land as they did not produce a written sale agreement with the 1st defendant, nor did they establish individual contributions or obtain Land Control Board consent. The evidence showed that the Kshs.24.7 million contributed by the plaintiffs' group was converted into shares in the 2nd defendant company, and many members received share certificates and dividends. There was no evidence of a common intention or agreement to share the land beneficially between the plaintiffs and the defendants. The court held…

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• Resulting Trusts
• Constructive Trusts
• Fraud In Land Transactions
• Limitation Of Actions
• Company Shareholding Disputes