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.
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…
Macharai & another v Muruithia [2025] KEELC 4227 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 56 of 2023
Judge
JM Kamau
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.
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.
Enviromental and Land Originating Summons E017 of 2020
Judge
E Asati
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.
Makenzi & another v Mutua & another [2024] KEELC 5557 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case E23 of 2020
Judge
CA Ochieng
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…
In re Estate of Chumo Arap Chabas alias Chumo Chabas (Deceased) [2024] KEHC 9483 (KLR)
Court
High Court
Case number
Succession Cause 157 of 2003
Judge
JK Sergon
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…
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.
In re Estate of Nahashon Ojode Gwambo (Deceased) [2024] KEHC 6720 (KLR)
Court
High Court
Case number
Succession Cause 595 of 2009
Judge
MS Shariff
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.