Kenya Case Law

Saka v Muraya

Saka v Muraya [2025] KECA 1306 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E367 of 2023

Judges

W Karanja, LA Achode, GV Odunga

The Court of Appeal found that the respondent, Bernard Wandurwa Muraya, discharged his burden of proof on a balance of probabilities by producing authentic documents, including a non-member certificate, receipts, and a transfer document for Plot No. V7492 (Block No. 136/166), all confirmed by an expert surveyor as genuine and properly issued by Embakasi Ranching. The appellant, James Simpson Saka, failed to establish a valid chain of title, as his claim relied on documents that predated the existence of parcel numbers and lacked evidence of proper allocation or transfer from the alleged previ…

Source excerpt

• Ownership Disputes
• Unregistered Land
• Burden Of Proof
• Doctrine Of Lis Pendens
• Allocation Procedure
• Damages For Trespass

Karisa & 12 others (Suing thro. the Estate of Charo Karisa who died Intestate) v Rimba

Karisa & 12 others (Suing thro. the Estate of Charo Karisa who died Intestate) v Rimba [2025] KEELC 5168 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E002 of 2023

Judge

LL Naikuni

The plaintiffs failed to discharge their burden of proof on a balance of probabilities that their late father purchased six acres of land from the defendant. The court found that the plaintiffs did not produce any sale agreement or documentary evidence to substantiate their claim of ownership or beneficial interest in the suit property. The only evidence before the court was from the defendant, who consistently maintained that only 2.5 acres were sold, and this was supported by the available agreements and witness testimony. The plaintiffs' failure to call witnesses or adduce evidence meant t…

Source excerpt

• Unregistered Land
• Ownership Disputes
• Sale Of Land
• Beneficial Interest
• Burden Of Proof

Mukira v Mboca

Mukira v Mboca [2025] KEELC 4641 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E022 of 2022

Judge

CA Ochieng

The court found that the respondent demonstrated a clear root of title and proprietary interest in the suit plot, supported by credible documentary evidence and the testimony of a company director (PW2), who confirmed the respondent's membership and ownership. The appellant's documents were found to be forgeries, as established in a prior criminal case, and her claim of ownership by limitation was disregarded because it was not pleaded or raised in the memorandum of appeal. The trial magistrate's evaluation of evidence was proper, impartial, and based on the balance of probabilities. The appe…

Source excerpt

• Ownership Disputes
• Share Certificates
• Unregistered Land
• Limitation Of Actions

Kikopi & another v Mkalla

Kikopi & another v Mkalla [2025] KECA 751 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E037 of 2022

Judges

KI Laibuta, LA Achode, GWN Macharia

The Court of Appeal dismissed an appeal over an unregistered 3-acre land portion, holding that the respondent proved ownership through a sale agreement and payment evidence.

• Unregistered Land
• Ownership Disputes
• Sale Agreements
• Burden Of Proof
• Unregistered-land
• Ownership-disputes

Kalugo v Mae & another

Kalugo v Mae & another [2025] KEELC 3104 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E016 of 2023

Judge

FM Njoroge

The Environment and Land Court granted a stay of execution pending appeal, finding the application timely and that demolition or eviction could cause substantial loss.

• Stay Of Execution
• Unregistered Land
• Injunctions
• Risk Of Substantial Loss
• Stay-of-execution
• Substantial-loss

Ndambuki & another v Ndungi

Ndambuki & another v Ndungi [2025] KEELC 1172 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E005 of 2023

Judge

EO Obaga

The Environment and Land Court dismissed an appeal challenging a preliminary objection, holding that whether the land was in an adjudication area required factual inquiry.

• Preliminary Objection
• Land Adjudication
• Unregistered Land
• Exhaustion Of Remedies
• Preliminary-objection
• Land-adjudication

Nduati v Kariuki

Nduati v Kariuki [2025] KEELC 1094 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 984 of 2015

Judge

OA Angote

The Environment and Land Court held that the defendant proved a better root of title to Plot No 164, Dandora Phase 1, and dismissed the plaintiff’s suit.

• Ownership Disputes
• Unregistered Land
• Root Of Title
• Allotment Letters
• Burden Of Proof
• Land-ownership

Parningu v Kononkoi & 2 others

Parningu v Kononkoi & 2 others [2025] KEELC 351 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2024

Judge

MN Mwanyale

The Environment and Land Court struck out this appeal as incompetent because counsel came on record after judgment without leave or consent under Order 9 Rule 9.

• Ownership Disputes
• Unregistered Land
• Change Of Advocate Post Judgment
• Permanent Injunction
• Trespass
• Appeal Striking Out

Mekunde v Sanga

Mekunde v Sanga [2024] KEELC 13729 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 56 of 2017

Judge

EK Makori

The court found that neither party established a clear, unbroken chain of documentary evidence proving ownership of the unregistered suit property. The Plaintiff failed to demonstrate acquisition or possession by documents or a chain of title, and the records held by the Ukombozi Self-Help Group were conflicting and unreliable. The Defendant also could not conclusively prove the property's chain of ownership due to poor record-keeping by the officials. As a result, the Plaintiff's claim for ownership and injunctive relief failed, and the suit was dismissed. Each party was ordered to bear thei…

Source excerpt

• Unregistered Land
• Ownership Disputes
• Proof Of Title

Kagine & 75 others v Mwailigha & 4 others

Kagine & 75 others v Mwailigha & 4 others [2024] KEELC 13638 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E009 of 2022

Judge

AE Dena

The court held the res judicata objection failed, found the plaintiffs had a beneficial interest in part of the unsurveyed land, and ordered boundary ascertainment.

• Beneficial Ownership
• Unregistered Land
• Land Disputes
• Adjudication
• Injunctive Relief
• Beneficial-ownership