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Kenya decisions
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Paan v Kariuki & 16 others [2025] KEELC 4804 (KLR)
The court dismissed a land fraud suit, finding the plaintiff failed to prove unauthorized subdivisions or transfers and that the claims were time-barred.
Njaria v Muraya (Suing as the Legal Attorney of Teresiah Wangui Muraya) [2025] KEELC 4968 (KLR)
The appellate court found that the trial magistrate erred by granting interlocutory injunction and transfer orders without properly evaluating the evidence and applying the established legal principles. The respondent failed to demonstrate a prima facie case, irreparable harm, or that the balance of convenience favored the grant of injunctive relief. The appellant's denial of executing transfer documents was uncontroverted, and as the registered proprietor, she enjoys statutory protection of her title. Granting the respondent's prayers at the interlocutory stage would amount to issuing final…
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Karanja & another (Suing as the Administrators of the Estate of Joseph John Karanja - Deceased) v Mbugua & 4 others [2025] KEELC 4631 (KLR)
The court found that the plaintiffs, as administrators of the deceased's estate, had established a prima facie case for the grant of an interlocutory injunction. The evidence showed that the deceased owned the suit land and that, although a portion was earmarked for public utility as a precondition for subdivision, there was no clear documentation of formal surrender to the county government. The plaintiffs remained in possession of the original title, and the process by which the 1st defendant obtained allotment and registration of the land as private property was not sufficiently explained…
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Ethics and Anti-Corruption Commission v Maywood Limited & 2 others [2025] KEELC 2858 (KLR)
The court granted the interlocutory injunction (inhibition order) because the plaintiff established a prima facie case with a probability of success regarding the potentially fraudulent allocation of public land, demonstrated that irreparable loss to the public would occur if the property was further alienated, and the balance of convenience tilted in favour of preserving the property pending the final determination of the suit.
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Mwirichia & 2 others (Being the Chairman, Vice- Chairman and Secretary of Golden Gate Estate East Wing Court) v Masera Kenya Limited & 7 others [2025] KEELC 2843 (KLR)
The court granted the temporary injunction because the Plaintiffs established a prima facie case regarding the alleged community open spaces and environmental rights, damages would not be a sufficient remedy if the land were developed, and the balance of convenience tilted in favour of preserving the suit land pending the substantive hearing to avoid rendering the suit nugatory.
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Okwach (Legal representative of Solomon Okwach Masudi - Deceased) v Olilo [2025] KEELC 758 (KLR)
The trial court had jurisdiction to hear the matter because the land adjudication process was complete and the Land Disputes Tribunal's decision, which was the basis for the appellant's claim, was a nullity for lack of jurisdiction, rendering the subsequent court adoption and transfer also null and void. The Respondent, as the first registered owner following the valid land adjudication process, established his claim to the suit land.
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Mushanki v Mombasa Cement Limited & another [2024] KEELC 13889 (KLR)
The court dismissed a trespass claim over Plot Mombasa Block X/315, finding the land formed part of public hospital land and that the plaintiff failed to prove his title and location.
Hamad v Wambuto; Hamad (Applicant); Hamisi (Deceased) & another (Respondent) [2024] KEELC 13936 (KLR)
The court found that the applicant's notice of motion seeking eviction orders was procedurally improper because the substantive dispute had already been determined through the concluded appeal. The application sought final orders that could not be granted in the absence of a substantive suit, as the appeal process had ended and the orders sought required a full hearing on the merits, not merely affidavit evidence. The court emphasized that the proper procedure for seeking such relief was to file a fresh suit, allowing both parties to present their cases fully. The application was therefore di…
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Brookshill Limited & another v National Land Commission & 3 others; Omar & 2 others (Interested Parties) [2024] KECA 1759 (KLR)
The Court of Appeal dismissed an application for injunction pending appeal over land titles in Kwale, finding the applicants had an arguable appeal but failed the nugatory test.
Jashbahi v Nampaso & another [2024] KEELC 13269 (KLR)
The Environment and Land Court granted interim injunctive relief over a disputed parcel in Narok, but deferred transfer and consolidation pending a valuation report.
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