Karanja Njenga Advocates

Dispute resolution

The Applicability of the Doctrine of Constructive Trust in Land Transactions in Kenya

Old land sale, no formal title transfer, decades later the seller’s family sells to someone else who wants you evicted. Sound familiar? Kenyan courts recognize the doctrine of constructive trust to protect buyers in exactly this situation even against a registered title. The Supreme Court confirmed it in Shah v Mombasa Bricks & Tiles, and

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Conveyancing, Dispute resolution

Big Win for our Client at the Employment and Labor Relations Court.

As Karanja Njenga Advocates, we are proud to announce to you that our Dispute Resolution team (Robinson Maina, Wesley Muriuki, Romario Chacha and John Willys) secured a win for our clients at the Employment and Labour Relations Court. By a judgment dated 28.02.2025, the Employment and Labour Relations Court (Lady Justice Jemimah Wanza Keli) in

Big Win for our Client at the Employment and Labor Relations Court. Read More »

Dispute resolution, Legal Updates, new laws

Termination of a Fixed-Term Lease Without a Termination Clause: The Case of Kwanza Estates Limited v. Jomo Kenyatta University of Agriculture and Technology (Petition E001 of 2024)

Background Parties had entered into a fixed-term lease of 6 years that was supposed to end on 30/04/2022. However, the Respondent (JKUAT) issued 3 months’ notice in July 2020 of its intention to terminate the lease and vacate the premises and paid rent for the 3 months ahead. Upon expiry of the notice, the Respondent

Termination of a Fixed-Term Lease Without a Termination Clause: The Case of Kwanza Estates Limited v. Jomo Kenyatta University of Agriculture and Technology (Petition E001 of 2024) Read More »

Dispute resolution

The Path from Default to Recovery: 90 Day’s Notice of Default, 40- Days Notice of Sale and 45 Days Redemption Notice

In the world of secured lending, the relationship between a chargor and a chargee often begins on a foundation of mutual trust and goodwill. It starts with the issuance of a letter of offer, where the chargee extends financial support to the chargor, often to fulfill aspirations such as acquiring property, financing a business, or

The Path from Default to Recovery: 90 Day’s Notice of Default, 40- Days Notice of Sale and 45 Days Redemption Notice Read More »

Banking, Dispute resolution

JURISDICTION OF MAGISTRATES’ COURTS IN CLAIMS OF ADVERSE POSSESSION-The Court of Appeal’s Sugawara-Kiruti Judgment

The question of jurisdiction of the Magistrates’ courts in claims for adverse possession is one that, up until recently, remained a hot topic, open for discussion. While the question of jurisdiction is an expression of the law, a sampling of case law from the various courts demonstrates that no accord subsisted on the question whether

JURISDICTION OF MAGISTRATES’ COURTS IN CLAIMS OF ADVERSE POSSESSION-The Court of Appeal’s Sugawara-Kiruti Judgment Read More »

Dispute resolution, Succession and Estate Planning

A DAMSEL IN DISTRESS? THE PRINCIPLE OF A BONA FIDE PURCHASER.

Recently, the Supreme Court of Kenya in Dina Management Limited v County Government of Mombasa & 5 others (2023) eKLR held that registered title to property can be invalidated if the process followed prior to the issuance of the title did not comply with the law. In effect, innocent buyers cannot rely on the principle

A DAMSEL IN DISTRESS? THE PRINCIPLE OF A BONA FIDE PURCHASER. Read More »

Dispute resolution