ELC·Not stated in the judgment31 December 2019 A Kenyan court declined urgent status for a man's request to pay advocate fees in instalments, ordering a full hearing instead — a warning t
civil procedureinterlocutory reliefstay of executionprofessional conductjudicial discretion
ELC·Not stated in the extract provided31 December 2019 The High Court at Chuka declined to grant an urgent stay of execution ex parte, ordering proper service and a full hearing on 27th January 2
civil procedureinterlocutory reliefstay of executionjudicial discretionland law
ELC·Siaya PMCC MCL & E No. 50 of 2018 (related application dated 15th July 2019)20 December 2019 A Kenyan court confirmed you cannot pursue review and appeal of the same judgment at once — once you appeal, review is off the table.
civil procedurejurisdictionabuse of processland lawadverse possession
ELC·Ukwala PMCC No. 17 of 2013 (Appeal)20 December 2019 A son who claimed family land was sold without his family's rights lost because he had no proof the land was ancestral or held in trust.
land lawtrusts equityburden of proofadverse possessionevidence
ELC·not_stated_in_judgment20 December 2019 land lawadministrative lawfair administrative actionhuman rightspublic land
ELC·ELC Appeal from Bondo PM ELC No. 3 of 201820 December 2019 land lawadverse possessionburden of proofdamagescivil procedure
ELC·Not stated in the judgment (originating summons dated 3rd February 2014)20 December 2019 A Siaya family won ownership of 3.5 acres after living on it openly for nearly 40 years without the owner's permission.
adverse possessionland lawburden of prooflimitation of actionsevidence
ELC·Formerly HCCC No. 960 of 2001 (Nairobi), HCCC No. 14 of 2007 (Embu)20 December 2019 A Kenyan court cancelled a land title obtained through fraud, returning the property to the deceased owner's son.
land lawadverse possessionburden of proofevidenceremedies
ELC·Judicial Review Application No. 32 of 2015 (formerly Kerugoya ELC JR. No. 3 of 2013)19 December 2019 Kenya's Environment and Land Court quashed a Minister's land appeal decision because the appeal was filed years past the 60-day legal deadli
judicial reviewland lawadministrative lawjurisdictionstatutory interpretation
ELC·not stated in the judgment excerpt19 December 2019 Kenya's Environment and Land Court refused to throw out a land dispute, ruling that beneficial ownership claims need a full hearing with evi
land lawlocus standipreliminary objectiontrusts equityjurisdiction
ELC·not_stated_in_judgment19 December 2019 A Kenyan land court refused to strike out a suit where the plaintiff claims beneficial ownership, ruling that such claims need evidence, not
locus standipreliminary objectionland lawtrusts equityburden of proof
ELC·Embu Civil Case No. 314 of 2014 (Motion dated 17 July 2019)19 December 2019 An Embu court refused a landowner's late appeal and stay of execution because she delayed without explanation, misled the court on dates, an
extension of timestay of executioncivil procedureland lawjudicial discretion
ELC·Not stated in judgment19 December 2019 A Kenyan court refused to punish a man for contempt or order his son's exhumation because the other side couldn't prove the court order was
contempt of courtburden of proofland lawinjunctionremedies
ELC·Not stated in the judgment19 December 2019 A Kenyan court struck out a land dispute because the plaintiffs sued an unregistered church directly instead of naming its officials or trus
jurisdictionlocus standipreliminary objectionstriking outstatutory interpretation
ELC·Notice of Motion dated 9th May 2019 in ELC suit transferred from the High Court at Naivasha (filed 9th May 2019)19 December 2019 A Kenyan court refused to stop a company collecting rent from land owned by 18 people because the owners can be paid back in money later.
land lawinjunctioninterlocutory relieftrusts equitycontract law
ELC·Not stated in the judgment (plaint dated 10th April, 2008; amended amended plaint dated 3rd December, 2008)19 December 2019 Kenya's Environment and Land Court cancelled titles bought from a fraudster, confirming that a fraudulent title transfers nothing to buyers.
land lawburden of proofremedies
ELC·Not stated in the judgment as provided19 December 2019 Kenya's Environment and Land Court dismissed a judge's recusal application, confirming that bare allegations and pending JSC complaints are
recusalfair hearingnatural justiceburden of proofland law
ELC·ELC (OS) Case No. 162 of 2011 (formerly Nyeri High Court)19 December 2019 A Kenyan court confirmed that temporary land injunctions expire automatically, and land registries cannot keep enforcing long-dead court ord
land lawinjunctioncivil procedureinterlocutory reliefstatutory interpretation
ELC·Not stated in the judgment19 December 2019 A Kenyan land court set aside orders made when lawyers missed a hearing due to Nairobi's matatu ban, confirming courts will protect the righ
civil procedurefair hearingjudicial discretionnatural justiceland law
ELC·Not stated in the judgment19 December 2019 Kenya's Environment and Land Court confirmed that a registered title holder wins against trespassers, who must demolish their structures and
land lawtort lawburden of proofinjunctiondeclaratory relief
ELC19 December 2019 A Nairobi court blocked a bank from auctioning a widow's home because the man who transferred and charged it had no valid claim to the decea
land lawinjunctioninterlocutory reliefsuccessionbanking finance
ELC·Originating Summons dated 8th April 201519 December 2019 land lawadverse possessionlimitation of actionsburden of proofcivil procedure
ELC·Thika ELC Suit (Plaint dated 22nd May 2019) - case number not stated in judgment19 December 2019 A Kenyan land court threw out defendants' objections, ruling arguments needing evidence must be raised by motion, not preliminary objection.
civil procedureres judicatapreliminary objectionland lawjurisdiction
ELC·Not stated in judgment (ELC Court, Murang'a)19 December 2019 A Kenyan court dismissed a land buyer's claim because he had no written, signed sale agreement or other proof of purchase.
land lawburden of proofcontract lawjurisdictionlimitation of actions
ELC·Not stated in the judgment as provided (plaint dated 5th October 2006; suit filed 19th October 2006)19 December 2019 The Environment and Land Court dismissed a family's claim that land was fraudulently transferred, because fraud allegations must be proved t
land lawburden of proofstandard of proofcontract lawremedies