Mato & another v Achieng (Environment and Land Appeal E035 of 2025) [2026] KEELC 1648 (KLR)
The bottom line
#A widow who co-purchased and lived on Kitale land for decades won her case; the Environment and Land Court, not a succession court, hears such land disputes.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of the respondent to sue without letters of administration
The respondent, as joint purchaser and spouse with beneficial interest arising from long cohabitation and contribution, had standing; her interest was pleaded and evidenced
The court held locus standi signifies a right to be heard and the respondent pleaded and deposed to her interest, attaching sale agreements showing her substantial contribution as joint purchaser. Her beneficial interest arose during 29 years of cohabitation with the deceased, giving her a superior claim whether or not the marriage subsisted. A claim based on joint purchase does not require administration to sustain an interlocutory claim.
Jurisdiction of the ELC over proprietary claims involving trusts versus succession jurisdiction
The ELC, not the succession court, has jurisdiction over overriding interests such as constructive trusts arising from sale agreements
Relying on Article 162(2)(b), Section 13 of the ELC Act, Section 28(b) of the Land Registration Act and Supreme Court authority in Diasproperty and Shah, the court held that disputes over ownership, use and occupation of land including trusts fall to the ELC. The respondent's claim was based on purchaser's rights and survivorship, not succession, so no succession cause was required.
Whether the trial court erred in granting the temporary injunction
No error established; the respondent demonstrated a prima facie case and the discretion was properly exercised
Applying Giella and Nguruman principles and the restraint against interfering with discretionary decisions (Mbogo v Shah), the court found the trial court considered the pleadings and submissions and that the respondent had shown defined rights as joint purchaser from 1994. The 1st appellant's documentary evidence had no probative value under Section 106B of the Evidence Act, and her building plans related to a different parcel.
Rights of the 1st appellant as alleged customary-law wife from 2015
Property acquired before the second marriage remains with the first wife; the 1st appellant cannot dislodge accrued overriding interests
Citing Section 8 of the Marriage Act and MNK v POM, the court held that property acquired by the deceased and the respondent before the 2015 marriage belongs to them. The 1st appellant admitted she only began development in 2021 and did not state how she acquired the property before then. She took the risk of the second marriage aware of the former spouse's interests.
Legal principles established
#- An appellate court of the first instance must re-appraise the entire record and come to its own independent findings
- An appellate court should not interfere with a trial judge's exercise of discretion unless it was exercised on wrong principles or perversely
- Proprietary interests in land founded on alleged trusts fall within the jurisdiction of the Environment and Land Court, not the succession court
- A lack of jurisdiction removes a court's power to act
Court orders
#- 1.The appeal is dismissed with costs
- 2.The lower court ruling dated 20/3/2024 is confirmed
- On appeal from
- Magistrates' Court (trial court, Kitale)
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act (appeal transferred from the High Court for lack of jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mato & another v Achieng (Environment and Land Appeal E035 of 2025) [2026] KEELC 1648 (KLR)", Case Analysis (2026). ELC Appeal No. E035 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1648/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.