Kenya Case Law

Equity Masters Limited v Muchobia & another

Equity Masters Limited v Muchobia & another [2025] KEELC 5367 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E032 of 2024

Judge

JM Onyango

The court found that the Appellant, despite holding a certificate of lease, failed to establish a valid root of title to the suit property. The evidence presented by the Appellant, including the sale agreement and correspondence from Mbo-i-Kamiti Farmers Company Limited, was general and did not specifically demonstrate payment or transfer of the suit property. The Appellant did not produce a share certificate or call witnesses from Mbo-i-Kamiti to substantiate its claim. In contrast, the 1st Respondent provided a sale agreement, proof of payment, a share certificate, and a register excerpt sh…

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• Land Title Registration
• Root Of Title
• Nemo Dat Quod Non Habet
• Sale Of Land
• Admissibility Of Evidence
• Ownership Disputes

Andai & another v Sawanga (Sued as the administrator of the Estate of David Sawanga Shinguti - Deceased) & another

Andai & another v Sawanga (Sued as the administrator of the Estate of David Sawanga Shinguti - Deceased) & another [2025] KEELC 5238 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 102 of 2019

Judge

DO Ohungo

The court found that the plaintiffs failed to establish adverse possession because they did not prove payment of the purchase price, and their possession was subject to a sale agreement that expressly made transfer conditional upon completion of succession proceedings. As such, their possession was contractual and not adverse until at least 2009, when succession proceedings commenced. By the time the suit was filed in 2019, neither plaintiff had completed the requisite 12 years of adverse, exclusive, and undisturbed possession. The court further held that arguments regarding the validity of s…

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• Adverse Possession
• Limitation Of Actions
• Succession And Administration
• Sale Of Land
• Trusts In Land
• Title Registration

Maina & another v Kingori

Maina & another v Kingori [2025] KEELC 5163 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E011 of 2023

Judge

JO Olola

Application for stay of execution dismissed for inordinate delay, incompetence of the appeal filed out of time, and because execution had already occurred.

• Stay Of Execution
• Delay In Filing
• Sale Of Land
• Removal Of Caution
• Appeal Out Of Time
• Stay-of-execution

Ntiapuyok & another v Puffins Investment Limited & 2 others

Ntiapuyok & another v Puffins Investment Limited & 2 others [2025] KEELC 5204 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 203 of 2017

Judge

MD Mwangi

The court found that the applicants had filed their application without unreasonable delay and had demonstrated with material evidence that the suit property was at imminent risk of sale, which would render their appeal nugatory. The court emphasized that both injunction and stay of execution serve to preserve the subject matter pending appeal, and that the overriding objective of the Civil Procedure Act requires the court to ensure justice is done. Considering the risk of the property being sold and the applicants' right of appeal, the court exercised its discretion to grant an injunction re…

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• Injunction Pending Appeal
• Stay Of Execution
• Sale Of Land
• Irreparable Harm
• Overriding Objective

Adidi & 2 others v Nyamala

Adidi & 2 others v Nyamala [2025] KEELC 5323 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E025 of 2023

Judge

FO Nyagaka

The Environment and Land Court dismissed an appeal over an injunction preserving disputed land pending succession proceedings, finding no error in the trial court.

• Locus Standi
• Fraudulent Land Acquisition
• Injunctions
• Succession And Administration
• Land Registration
• Sale Of Land

Govedi v Chege & 4 others

Govedi v Chege & 4 others [2025] KEELC 5047 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 18 of 2018

Judge

CG Mbogo

The court found that the 1st defendant/applicant's attempt to obtain vacant possession and discharge from the sale agreement obligations could not be granted at the interlocutory stage, as the issues raised are central to the main suit and require full hearing and determination. The approach adopted by the applicant was deemed an improper attempt to summarily dispose of substantive matters that are contested and form the substratum of the suit. The court held that it would be careless to ignore the main issues pending before it and that the application lacked merit. Consequently, the notice o…

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• Sale Of Land
• Specific Performance
• Vacant Possession
• Injunctive Orders

Dwellings and Spaces Limited v Mwaniki alias Mirriam Nyawira Mwaniki (Sued in her personal capacity as the Legal Representative to the Estate of Stephen Mwaniki Wairera (Deceased) & 3 others

Dwellings and Spaces Limited v Mwaniki alias Mirriam Nyawira Mwaniki (Sued in her personal capacity as the Legal Representative to the Estate of Stephen Mwaniki Wairera (Deceased) & 3 others [2025] KEELC 4981 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E025 of 2024

Judge

JO Olola

The court found that the plaintiff failed to demonstrate any real or sufficient grounds to disqualify Gichuki King’ara & Co. Advocates from representing the defendants. The sale agreement central to the dispute was drawn by a different law firm, and the subsequent novation agreement, although prepared by Gichuki King’ara & Co. Advocates, was never executed or witnessed by them. The court held that the mere fact of prior involvement in a transaction does not, by itself, create a conflict of interest or justify disqualification. There was no evidence that confidential information would be misus…

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• Advocate Conflict Of Interest
• Advocate Disqualification
• Fiduciary Duty
• Confidential Information
• Sale Of Land
• Interlocutory Injunctions

Karisa & 12 others (Suing thro. the Estate of Charo Karisa who died Intestate) v Rimba

Karisa & 12 others (Suing thro. the Estate of Charo Karisa who died Intestate) v Rimba [2025] KEELC 5168 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E002 of 2023

Judge

LL Naikuni

The plaintiffs failed to discharge their burden of proof on a balance of probabilities that their late father purchased six acres of land from the defendant. The court found that the plaintiffs did not produce any sale agreement or documentary evidence to substantiate their claim of ownership or beneficial interest in the suit property. The only evidence before the court was from the defendant, who consistently maintained that only 2.5 acres were sold, and this was supported by the available agreements and witness testimony. The plaintiffs' failure to call witnesses or adduce evidence meant t…

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• Unregistered Land
• Ownership Disputes
• Sale Of Land
• Beneficial Interest
• Burden Of Proof

Kwinga v Kimuyu & another

Kwinga v Kimuyu & another [2025] KEELC 4946 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 27 of 2017

Judge

EO Obaga

The Environment and Land Court allowed an appeal, found six acres had been validly purchased over time, and ordered specific performance and an injunction.

• Specific Performance
• Sale Of Land
• Injunctions
• Burden Of Proof
• Formal Proof Procedure
• Specific-performance

Muigai v Kamau

Muigai v Kamau [2025] KEELC 4957 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2025

Judge

JM Kamau

Ruling on a stay of execution pending appeal in a land boundary dispute. The court allowed execution to proceed but preserved the disputed 2.7 acres.

• Boundary Disputes
• Stay Of Execution
• Sale Of Land
• Specific Performance
• Stay-of-execution
• Boundary-disputes