Kenya Case Law

Habashow v Hilltop Engineering and Technical Services Limited

Habashow v Hilltop Engineering and Technical Services Limited [2025] KEELC 5455 (KLR)

Court

Environment and Land Court

Case number

Land Case E029 of 2024

Judge

LC Komingoi

The court found that the Plaintiff's claim was based on breach of contract, specifically the Defendant's failure to give vacant possession of the suit properties for over ten years. The applicable limitation period for actions founded on contract is six years under Section 4(1)(a) of the Limitation of Actions Act. The Plaintiff's argument that the claim was for recovery of land and thus subject to a 12-year limitation under Section 7 was rejected, as the pleadings indicated the cause of action was breach of contract. The court held that the suit was clearly time barred and that no discretion…

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• Limitation Of Actions
• Breach Of Contract
• Vacant Possession
• Preliminary Objection

Delmonte Kenya Limited v Goshen Gardens Limited & another

Delmonte Kenya Limited v Goshen Gardens Limited & another [2025] KEELC 5256 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1245 of 2015

Judge

AA Omollo

The court found that the only valid lease was between the plaintiff and the 1st defendant, which expired by effluxion of time. No lease was ever executed between the plaintiff and the 2nd defendant. The 2nd defendant's occupation was not supported by any concluded agreement or enforceable representation by the plaintiff. The acceptance of rent by the plaintiff was expressly on a 'without prejudice' basis and did not create a tenancy. The doctrine of proprietary estoppel was not established as there was no clear, unequivocal representation or detrimental reliance. The claim of a controlled ten…

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• Lease Termination
• Mesne Profits
• Proprietary Estoppel
• Controlled Tenancy
• Vacant Possession
• Trespass

Govedi v Chege & 4 others

Govedi v Chege & 4 others [2025] KEELC 5047 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 18 of 2018

Judge

CG Mbogo

The court found that the 1st defendant/applicant's attempt to obtain vacant possession and discharge from the sale agreement obligations could not be granted at the interlocutory stage, as the issues raised are central to the main suit and require full hearing and determination. The approach adopted by the applicant was deemed an improper attempt to summarily dispose of substantive matters that are contested and form the substratum of the suit. The court held that it would be careless to ignore the main issues pending before it and that the application lacked merit. Consequently, the notice o…

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• Sale Of Land
• Specific Performance
• Vacant Possession
• Injunctive Orders

Okioga & another (Suing as Administrators of the Estate of Mary Kwamboka Okioga) v Kisii County Land Registrar & 3 others

Okioga & another (Suing as Administrators of the Estate of Mary Kwamboka Okioga) v Kisii County Land Registrar & 3 others [2025] KEELC 5197 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 8 of 2021

Judge

M Sila

The court granted stay of execution pending appeal, but only on conditions including deposits of damages, taxed costs, and Kshs. 1,000,000, with status quo maintained.

• Stay Of Execution
• Title Nullification
• Fraudulent Transfer
• Vacant Possession
• Damages For Trespass
• Stay-of-execution

Wadawe v Newa

Wadawe v Newa [2025] KEELC 5002 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 716 of 2015

Judge

E Asati

The court allowed execution of an earlier eviction decree, directing that the bailiff be guided by a survey report and that police provide security during eviction.

• Eviction Orders
• Execution Of Judgments
• Vacant Possession
• Boundary Disputes
• Eviction-orders
• Execution-of-judgments

Mae & 45 others v Nyamweya & 3 others

Mae & 45 others v Nyamweya & 3 others [2025] KEELC 4832 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 141 of 2020

Judge

SM Kibunja

The court dismissed an adverse possession claim over two parcels in Mombasa and granted the registered owners vacant possession and injunction orders in the consolidated matter.

• Adverse Possession
• Vacant Possession
• Eviction Orders
• Burden Of Proof
• Costs Award
• Adverse-possession

Brawny Properties Limited v Fulson Company Limited & 2 others

Brawny Properties Limited v Fulson Company Limited & 2 others [2025] KEELC 4986 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E080 of 2024

Judge

EK Makori

The Plaintiff established, through uncontested documentary and oral evidence, that it is the registered and lawful proprietor of LR No. 17835-Kilifi, CR 35336. The Defendants, having failed to appear or file a defense, did not rebut the Plaintiff's evidence. The court found that the Defendants' actions—erecting structures and walls on the property without consent—constituted trespass. The Plaintiff's title was held to be indefeasible under Section 26(1) of the Land Registration Act, and the Plaintiff was entitled to vacant possession, a permanent injunction, and damages for trespass. The cour…

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• Trespass To Land
• Indefeasibility Of Title
• Vacant Possession
• Damages For Trespass
• Eviction Orders

Thika Nursing Home Limited (Under Receivership) v Shah & another; Bank of Baroda (K) Limited & 2 others (Interested Parties)

Thika Nursing Home Limited (Under Receivership) v Shah & another; Bank of Baroda (K) Limited & 2 others (Interested Parties) [2025] KEHC 8108 (KLR)

Court

High Court

Case number

Civil Case E036 of 2024

Judge

FN Muchemi

The High Court at Thika adopted a mediation settlement agreement, ordered vacant possession of the dispute property, and awarded rent and agreed advocates’ fees.

• Mediation Enforcement
• Vacant Possession
• Mesne Profits
• Receivership
• Court Annexed Mediation
• Landlord Tenant Disputes

Kortot & another v Gisore

Kortot & another v Gisore [2025] KEELC 4181 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E004 of 2021

Judge

MN Mwanyale

The court dismissed an application framed as contempt and eviction, holding it was really an execution application that had to follow the Civil Procedure Act and Rules.

• Contempt Of Court
• Execution Of Judgment
• Vacant Possession
• Eviction Orders
• Contempt-of-court
• Execution-of-judgment

Njenga v Kariuki & another

Njenga v Kariuki & another [2025] KEELC 4238 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 323 of 2015

Judge

JA Mogeni

The court found that there was a valid and enforceable judgment in favour of the applicant, and no stay or review application had been filed by the respondents. The issues raised by the respondents regarding the existence and ownership of the suit property were not raised at trial and could not be entertained at the execution stage. The court held that the applicant was entitled to execute the decree and to police assistance to maintain law and order during eviction. The application for eviction and police assistance was therefore merited and allowed.

Source excerpt

• Eviction Orders
• Execution Of Judgment
• Police Assistance In Execution
• Vacant Possession
• Stay Of Execution
• Specific Performance