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Kenya Case Law

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Land And Property [2025] KEELC 5424 (KLR)

Kathini v LKK & 3 others

Kathini v LKK & 3 others [2025] KEELC 5424 (KLR)

The court held that the disputed land was matrimonial property, spousal consent was required, and the appellant could not rely on bona fide purchaser status. The appeal was dismissed.

  • Matrimonial Property
  • Spousal Consent
  • Overriding Interest
  • Trust In Land
  • Bonafide Purchaser
  • Division Of Property
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Land And Property [2025] KEELC 5340 (KLR)

Gor v Ochieng & 3 others

Gor v Ochieng & 3 others [2025] KEELC 5340 (KLR)

The court found that the appellant failed to prove, on a balance of probabilities, that he was entitled to the suit parcels of land either by inheritance, trust, or adverse possession. The evidence showed that the original owner, Herminus Gor, lawfully transferred the land to the 1st and 2nd respondents during his lifetime through a proper adjudication process, which was not challenged at the time. The appellant, being a minor at the time, could not later introduce conjectural claims contrary to the finality of the adjudication process as stipulated by law. The respondents' acquisition was su…

  • Adjudication Process
  • Trust In Land
  • Fraudulent Transfer
  • Adverse Possession
  • Land Registration
  • Limitation Of Actions
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Civil Procedure [2025] KEELC 4227 (KLR)

Macharai & another v Muruithia

Macharai & another v Muruithia [2025] KEELC 4227 (KLR)

The Environment and Land Court declined to dismiss an appeal for want of prosecution, but gave the appellants 15 days to file and serve the record of appeal.

  • Dismissal For Want Of Prosecution
  • Appeals Process
  • Record Of Appeal Filing
  • Judicial Discretion
  • Beneficial Ownership
  • Trust In Land
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Land And Property [2025] KEELC 2921 (KLR)

Akolo v Akolo

Akolo v Akolo [2025] KEELC 2921 (KLR)

The court dismissed a family land appeal, holding that permissive occupation could not support adverse possession, trust, or equitable estoppel.

  • Adverse Possession
  • Trust In Land
  • Equitable Estoppel
  • Proprietorship Rights
  • Adverse-possession
  • Trust-in-land
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Civil Procedure [2025] KECA 320 (KLR)

Nyangoka & 2 others v Osano & 2 others

Nyangoka & 2 others v Osano & 2 others [2025] KECA 320 (KLR)

The Court of Appeal allowed an application to extend time for filing a notice of appeal in a family land dispute, finding the delay plausible and not prejudicial.

  • Extension Of Time
  • Notice Of Appeal
  • Family Land Dispute
  • Trust In Land
  • Fraud In Land Transactions
  • Extension-of-time
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Land And Property [2025] KEELC 404 (KLR)

Ondu v Ondu

Ondu v Ondu [2025] KEELC 404 (KLR)

The court dismissed an adverse possession claim over Kisumu/Block 4/296, finding the applicant entered with consent and failed to prove adverse, exclusive possession.

  • Adverse Possession
  • Title Cancellation
  • Trust In Land
  • Burden Of Proof
  • Land Registration
  • Limitation Of Actions
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Civil Procedure [2024] KEELC 5557 (KLR)

Makenzi & another v Mutua & another

Makenzi & another v Mutua & another [2024] KEELC 5557 (KLR)

The court found that the defendants, having already lodged a substantive appeal in the Court of Appeal, ought to have filed the application for stay in that forum. Furthermore, the court held that the applicants failed to demonstrate what substantial loss they would suffer if stay was not granted, as required by Order 42 Rule 6 of the Civil Procedure Rules. The impugned judgment merely referred the distribution of the deceased's estate to the Machakos High Court, and no evidence was provided of imminent loss or prejudice. The court concluded that the threshold for granting stay of execution p…

  • Stay Of Execution
  • Appeal Procedure
  • Substantial Loss
  • Trust In Land
  • Distribution Of Estate
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Family And Children [2024] KEHC 9483 (KLR)

In re Estate of Chumo Arap Chabas alias Chumo Chabas (Deceased)

In re Estate of Chumo Arap Chabas alias Chumo Chabas (Deceased) [2024] KEHC 9483 (KLR)

The court found that the applicants' claim to Plot No. 1 Chepsir was based on an alleged trust, not a beneficial interest, and that the probate court lacks jurisdiction to determine the existence or non-existence of a trust in land, as such matters fall within the Environment and Land Court. The applicants failed to demonstrate any of the statutory grounds under section 76 of the Law of Succession Act for revocation or annulment of the grant, such as fraud, concealment of material facts, or defective proceedings. Regarding rectification, the court held that the proposed amendments sought by t…

  • Succession
  • Revocation Of Grant
  • Rectification Of Grant
  • Trust In Land
  • Jurisdiction Of Probate Court
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Land And Property [2024] KEELC 4956 (KLR)

Watsula v Barasa

Watsula v Barasa [2024] KEELC 4956 (KLR)

The Environment and Land Court dismissed an appeal over allegedly fraudulent sale of land, holding that trust and fraud were not proved and the property was not matrimonial property.

  • Locus Standi
  • Trust In Land
  • Matrimonial Property Definition
  • Fraud In Land Transactions
  • Overriding Interests
  • Burden Of Proof
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Family And Children [2024] KEHC 6720 (KLR)

In re Estate of Nahashon Ojode Gwambo (Deceased)

In re Estate of Nahashon Ojode Gwambo (Deceased) [2024] KEHC 6720 (KLR)

The High Court at Kisumu dismissed an application to revoke a grant in a succession cause, finding no proof of trust, no dependency, and no basis for succession-court relief over land title.

  • Revocation Of Grant
  • Beneficiary Entitlement
  • Trust In Land
  • Locus Standii
  • Ancestral Land Claims
  • Revocation-of-grant
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