Kenya Case Law

Anumo v Asoi & another

Anumo v Asoi & another [2025] KEELC 5248 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E010 of 2024

Judge

AE Dena

The court found that the appellant improperly introduced new issues and evidence on appeal—specifically, the lack of capacity to contract and absence of Land Control Board consent—which were not pleaded or canvassed at trial. The appellate court is bound to determine the appeal based on the record and issues raised before the trial court. The trial magistrate did not err in validating the agreement for sale, as the contract met the requirements of the Law of Contract Act, and the parties admitted to its existence and to the respondent's possession. The trial court's order for specific perform…

Source excerpt

• Sale Of Land Agreements
• Specific Performance
• Land Control Board Consent
• Capacity To Contract
• Burden Of Proof
• Introduction Of New Issues On Appeal

Kingwaa v Ikulume

Kingwaa v Ikulume [2025] KEELC 4943 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E020 of 2022

Judge

EO Obaga

The court dismissed an appeal over competing claims to land, holding that the respondent had bought and occupied three acres and that a constructive trust applied.

• Land Ownership Disputes
• Constructive Trust
• Sale Of Land Agreements
• Land Registration
• Land Control Board Consent
• Constructive-trust

Karanja & 2 others v Waithira

Karanja & 2 others v Waithira [2025] KEELC 4661 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2023

Judge

JM Onyango

The court held that the suit was statute barred under section 7 of the Limitation of Actions Act, as the cause of action accrued on the dates of the sale agreements in 1998 and 2000, and the suit was filed in 2019, well outside the 12-year limitation period. The death of the vendor did not stop time from running against the Appellants. The court further found that section 26 of the Limitation of Actions Act was inapplicable because the Appellants had not pleaded fraud in their pleadings, and even if fraud was implied, there was no evidence as to when it was discovered. The Preliminary Objecti…

Source excerpt

• Limitation Of Actions
• Preliminary Objection
• Fraud In Land Transactions
• Sale Of Land Agreements

Njoroge & another v Pere

Njoroge & another v Pere [2025] KEELC 4592 (KLR)

Court

Environment and Land Court

Case number

Land Case Appeal E025 of 2024

Judge

MN Mwanyale

The Environment and Land Court struck out an appeal in a land dispute, holding the underlying suit was fatally defective for failure to comply with Order 3 Rule 7.

• Competence Of Suit
• Noncompliance With Order 3 Rule 7
• Statute Barred Actions
• Adverse Possession
• Sale Of Land Agreements
• Order-3-rule-7

Kyalo v Mutio

Kyalo v Mutio [2025] KECA 904 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 609 of 2019

Judges

W Karanja, LA Achode, GV Odunga

The Court of Appeal dismissed an appeal over a disputed land subdivision and title cancellation, finding no valid sale agreement and no basis to disturb the trial court.

• Fraudulent Land Transfer
• Title Deed Cancellation
• Sale Of Land Agreements
• Land Control Board Consent
• Land-title-cancellation
• Fraudulent-land-transfer

Wasi v Mosioma

Wasi v Mosioma [2025] KEELC 3579 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E027 of 2023

Judge

FO Nyagaka

The Environment and Land Court allowed a first appeal over a void land sale agreement, set aside specific performance, and ordered refund and compensation.

• Sale Of Land Agreements
• Specific Performance
• Land Control Board Consent
• Constructive Trust
• Remedies For Void Contracts
• Sale-of-land-agreements

Sile & another (Suing on Behalf and as Administrators of the Estate of Stephen Baron Sisimwo) v Moss (Being sued on behalf and as an Administrator of the Estate of Daniel Chepnoi Naibei Moss)

Sile & another (Suing on Behalf and as Administrators of the Estate of Stephen Baron Sisimwo) v Moss (Being sued on behalf and as an Administrator of the Estate of Daniel Chepnoi Naibei Moss) [2025] KEELC 2888 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 4 of 2024

Judge

CK Nzili

A preliminary objection must be based on pure points of law with no facts to be ascertained from the pleadings. The issues raised in the preliminary objection concerning the jurisdiction of the Land Disputes Tribunal and Magistrates Court and the application of the Limitation of Actions Act to the sale agreement require the examination of facts not admitted in the pleadings, thus rendering the preliminary objection improper.

Source excerpt

• Jurisdiction Of Land Disputes Tribunal
• Limitation Of Actions
• Sale Of Land Agreements
• Constructive Trust
• Res Judicata
• Preliminary Objection Practice

Maleche (As administrator of the Estate of Simon Maleche Achesa - Deceased) v Maleche (As administrator of the Estate of Jacob Sitefano Maleche - Deceased) & 2 others

Maleche (As administrator of the Estate of Simon Maleche Achesa - Deceased) v Maleche (As administrator of the Estate of Jacob Sitefano Maleche - Deceased) & 2 others [2025] KEELC 1295 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 45 of 2017

Judge

DO Ohungo

The Environment and Land Court dismissed a family land dispute because the plaintiff failed to link the suit property to the parcel allegedly sold in 1971.

• Fraudulent Land Transfer
• Land Registration
• Title Challenges
• Sale Of Land Agreements
• Fraudulent-land-transfer
• Land-registration

Kinyua v M'Imwera

Kinyua v M'Imwera [2025] KECA 405 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 251 of 2019

Judges

S ole Kantai, JW Lessit, A Ali-Aroni

The Court of Appeal dismissed an adverse possession claim, holding the appellant’s occupation was permissive under a sale agreement and time was interrupted by earlier suits.

• Adverse Possession
• Limitation Periods
• Land Control Board Consent
• Sale Of Land Agreements
• Adverse-possession
• Limitation-periods

Arimba (Suing as the Legal Representative of the Estate of Isaac M’arimba alias Isaac Barimba - Deceased) v Mithiaru

Arimba (Suing as the Legal Representative of the Estate of Isaac M’arimba alias Isaac Barimba - Deceased) v Mithiaru [2025] KECA 369 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 140 of 2019

Judges

S ole Kantai, JW Lessit, A Ali-Aroni

The Court of Appeal dismissed a second appeal over transfer of one acre of land, finding no proved fraud and holding the registered title valid.

• Land Adjudication
• First Registration
• Fraud In Land Transactions
• Sale Of Land Agreements
• Land-adjudication
• Fraud-in-land-transactions