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Kenya decisions
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Ondiek v Ondiek [2025] KEELC 5386 (KLR)
The Environment and Land Court dismissed a preliminary objection on limitation, finding the dispute turned on contested facts and not a pure point of law.
Ntashart Ridge Limited v Lerte & 2 others [2025] KEELC 5228 (KLR)
The court found that the plaintiff established a valid chain of title from Fidei Holdings Limited, supported by documentary evidence including title deeds, sale agreements, consents, and payment records. The 1st defendant's challenge, based on alleged fraud and the death of his mother prior to the 1996 transfer, was undermined by the late and uncorroborated registration of the death certificate and lack of supporting evidence. The court held that the 1st defendant failed to strictly prove fraud as required by law. The plaintiff's title was not impeached, and the 1st defendant's counterclaim f…
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Gatura & 2 others v Lepalo & another [2025] KEELC 5215 (KLR)
The court found that both parties presented evidence of ownership and competing claims over the disputed parcels, establishing a prima facie case of possible infringement of rights. The Plaintiffs/Applicants demonstrated that the Defendants/Respondents' actions—trespass, demolition, and interference—posed a real risk of irreparable harm to unique land interests that could not be adequately compensated by damages. The court emphasized the importance of preserving the status quo in land disputes to prevent actions that could render the final judgment nugatory. Assessing the balance of convenien…
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Gitiro (Sued as the Legal Representative of Thomas Chacha Gitiro (Deceased)) v Seria (Sued as the Legal Representative of Seria Boroye Sinda (Deceased)) [2025] KEELC 5177 (KLR)
The court found that the plaintiff, through his predecessor, entered into possession of the seven-acre portion of Bukira/Buisaboka/77 following a sale agreement in 1999, with full payment completed in 2000. The plaintiff and his predecessor maintained open, uninterrupted, and continuous occupation for over 12 years, and the defendant failed to take any steps to recover the land within the limitation period. The court held that the period of limitation began upon full payment and possession, and that any issues of intermeddling or lack of Land Control Board consent should have been raised befo…
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TRM (Suing as the Legal Representative of MAM - Deceased) v TMM [2025] KEHC 9873 (KLR)
The High Court held that the legal representative of the deceased had capacity to bring the matrimonial property claim, and the preliminary objection was dismissed.
Wafula (Suing as Legal Representative of the Estate of Petero Masinde Waswa alias Petro) v Wekesa (Being Sued as the Personal Representative of the Estate of Peter Masinde Waswa - Deceased); Onyilo & 2 others (Applicant) [2025] KEELC 5112 (KLR)
The court found that the applicants, as registered proprietors of the disputed parcels which are subdivisions of the original suit properties, have demonstrated a sufficient and recognizable stake in the proceedings. Their presence is necessary for the complete and effectual determination of the issues, particularly given the respondents' allegations of fraudulent registration. However, the court held that the applicants' request for a declaration of ownership and a permanent injunction is premature, as the legality of their registration and the question of ownership are substantive matters t…
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Cheruiyot (Suing as the Administrator of the Estate of Taputany Cheptonui Chumo) v Kirui & 2 others [2025] KEELC 4740 (KLR)
The court found that while the plaintiff established long-term occupation and the defendants did not dispute the fact of sale or occupation, the plaintiff failed to produce any agreement for sale, evidence of payment of the purchase price, or oral testimony substantiating the terms of the alleged purchase. As the claim for adverse possession was anchored on a sale agreement, the law required proof of full payment and the date thereof to determine when time began to run for adverse possession. The absence of such evidence meant the plaintiff did not meet the legal threshold for adverse possess…
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Ndambo (Suing on his own behalf and on behalf of the Estate of Elizabeth Wairimu Muikia - Deceased) v Mwihoko & 2 others [2025] KEELC 4656 (KLR)
The court found that the applicant failed to demonstrate a prima facie case for the grant of a temporary injunction. The applicant's claim was undermined by the existence of prior litigation (Kikuyu ELC Case No. E040 of 2023), in which judgment was entered against him, confirming the defendants as the legitimate owners of the suit property and restraining the applicant from trespassing. There was no evidence that the prior decision had been set aside. The court held that, in the absence of a prima facie case, it was unnecessary to consider the other limbs for injunctive relief. The applicatio…
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Kiore (In his Capacity as the Donee of Power of Attorney & Covenants beyond death no IP/A/64940/1) & another v Cabinet Secretary, Ministry of Lands, Housing & Urban Development & 3 others [2025] KECA 1122 (KLR)
Court of Appeal quashed the deregistration of a power of attorney, holding that the appellants were not given prior notice or a hearing before the Gazette Notice issued.
Masinde v Wafula & 2 others (Sued as an Administrator of the Estate of Zebedayo Masinde Wakweika) [2025] KEELC 4630 (KLR)
The ELC found the suit land remained registered in the Settlement Fund Trustees’ name, so the plaintiff had no proved title, trust claim, or basis for trespass relief.
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