Kenya Case Law

Pumwani Riyadha Mosque Committee & another v Gikomba Business Centre Limited

Pumwani Riyadha Mosque Committee & another v Gikomba Business Centre Limited [2025] KECA 1257 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E965 of 2024

Judges

K M'Inoti, LA Achode, WK Korir

The Court of Appeal held that the dispute between the parties, arising from a lease agreement over land and involving alleged breach of contract and specific performance, was fundamentally a land use and occupation matter. Applying the 'predominant test' and relevant statutory provisions, the Court found that such disputes fall within the exclusive jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution and section 13 of the Environment and Land Court Act. The High Court therefore lacked jurisdiction to entertain the respondent’s suit. The Court further held…

Source excerpt

• Jurisdiction Of High Court
• Arbitration Clauses
• Breach Of Contract
• Specific Performance
• Material Non Disclosure

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

Maiyebei v Chesebe

Maiyebei v Chesebe [2025] KEELC 5294 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E022 of 2023

Judge

EC Cherono

The court found that although the agreement for the sale of the suit land between the Appellant and Respondent was not in writing as required by law, the Respondent's payment of the purchase price, settlement of the Appellant's outstanding loan, and occupation and development of the land established a constructive trust or proprietary estoppel. The Appellant's conduct, including permitting the Respondent's occupation and failing to provide a credible explanation for the Respondent's financial contributions, indicated a common intention to transfer the land. The court held that the doctrines o…

Source excerpt

• Specific Performance
• Oral Land Sale Agreements
• Proprietary Estoppel
• Constructive Trust
• Trespass To Land

Kuria & another v Marshall Holdings Ltd

Kuria & another v Marshall Holdings Ltd [2025] KEELC 5265 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E024 of 2024

Judge

JM Onyango

The court granted leave to appeal out of time but declined injunction and stay orders, finding the delay explained but no sufficient proof of irreparable harm or substantial loss.

• Leave To Appeal Out Of Time
• Injunction Pending Appeal
• Stay Of Execution
• Specific Performance
• Breach Of Contract
• Leave-to-appeal-out-of-time

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…

Source excerpt

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

Muturi v Mbugua (Sued in Her Capacity as the Legal Representative of the Estate of Joseph Mbugua Nganga – Now Deceased)

Muturi v Mbugua (Sued in Her Capacity as the Legal Representative of the Estate of Joseph Mbugua Nganga – Now Deceased) [2025] KEELC 5100 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E019 of 2024

Judge

MN Gicheru

The court found that the sale agreement between the appellant and the deceased was void for want of Land Control Board consent as required by Section 6 of the Land Control Act. However, under Section 7 of the same Act, the appellant, having paid part of the purchase price, is entitled to recover the amount paid as a debt. The appellant failed to prove possession of the land or entitlement to specific performance, as she did not pay the full purchase price and did not demonstrate the land was unique or that damages would be inadequate. The trial magistrate erred in failing to order a refund of…

Source excerpt

• Land Sale Agreements
• Specific Performance
• Land Control Board Consent
• Recovery Of Purchase Price

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

County Government of Nandi v Morong & another

County Government of Nandi v Morong & another [2025] KEELC 5007 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E015 of 2024

Judge

CK Nzili

The court found that it has jurisdiction to determine whether the sale agreement offends statutes and public policy on procurement and disposal of assets by the plaintiff. The 1st defendant admitted entering the sale agreement, receiving consideration, and allowing possession and development of the land. The court held that the 1st defendant did not plead lack of cause of action or abuse of process in her defence, nor did she offer to refund the consideration or take steps to rescind the contract before filing the application. The court emphasized that striking out a suit is a drastic remedy…

Source excerpt

• Sale Of Land
• Specific Performance
• Public Procurement Compliance
• Temporary Injunctions
• Cause Of Action
• Public Policy

Rimber v Unifresh Exotics (K) Limited

Rimber v Unifresh Exotics (K) Limited [2025] KEELC 4917 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 427 of 2017

Judge

SM Kibunja

The court found that the defendant breached both the principal and supplemental agreements by failing to pay the full purchase price for the suit property despite extensions and notices. The supplemental agreement expressly provided for forfeiture of all sums paid in the event of breach, superseding the earlier provision for refund of amounts above the deposit. The defendant's allegations of frustration were unsupported by evidence and thus rejected. The plaintiff's claim for damages failed for lack of specific pleading and proof, and the claim for mesne profits was denied due to unreliable e…

Source excerpt

• Breach Of Contract
• Sale Of Land
• Mesne Profits
• Forfeiture Of Deposit
• Specific Performance