A long-running property dispute between a British woman and her Kenyan former partner has ended with the Court of Appeal awarding the woman a 90 per cent beneficial interest in two properties in Ukunda, Kwale County.
The case involved British national Nicola Jane Burrough and Kenyan businessman Joseph Mwongela Mungania, whose relationship began in 2014 before disagreements over property ownership and financial contributions eventually ended up in court.
According to court records, Burrough, a former nurse in the United Kingdom, moved towards establishing a retirement home in Kenya after selling assets and using her savings and pension benefits.
She said she relied on Mungania to assist with the acquisition and development of property in Ukunda.
The properties at the centre of the dispute were identified as Kwale/Ukunda/5532 and Kwale/Ukunda/915.
Burrough told the court that she had provided the bulk of the money used to acquire and develop the properties.
She alleged that Mungania had persuaded her that, as a foreigner, she could not own land in Kenya in her own name, resulting in the properties being registered jointly.
Mungania disputed her claims, maintaining that he had made significant contributions towards the properties and was entitled to a larger share.
He also challenged Burrough's account of the financial arrangements surrounding their assets.
The Court of Appeal, however, found Burrough's evidence on her financial contribution more convincing.
The judges questioned the explanation that she could not own the property because she was a foreigner, noting that the disputed properties were ultimately registered in the joint names of the two parties.
The appellate court consequently varied the earlier 50:50 division and awarded Burrough a 90 per cent beneficial interest, leaving Mungania with 10 per cent.
The dispute also involved a Toyota Hilux pickup, registration KCP 221D, which Burrough said she purchased for about KSh2 million. The vehicle was registered in Mungania's name and was later sold for KSh1.7 million.
Mungania argued that the vehicle had been given to him as a gift to support his miraa business. The appellate court rejected that position after considering the evidence presented by both parties.
The court awarded Burrough 90 per cent of the vehicle's sale proceeds, amounting to KSh1.53 million, while Mungania was allocated KSh170,000.
The decision followed consolidated appeals arising from an Environment and Land Court judgment delivered in May 2023.
In its ruling delivered on May 15, 2026, the three-judge Court of Appeal bench dismissed Mungania's appeal and ordered him to pay Burrough the KSh1.53 million award, alongside the applicable legal costs.
The ruling brings a significant legal chapter in the former couple's property dispute to a close, while highlighting the importance of documented financial contributions in determining beneficial ownership of jointly registered property.