Kenyan case law
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Kabura (Suing as the administrator of the Estate of Johnstone Njuguna Mwangi) v Muchene & another (Environment and Land Case Civil Suit E057 of 2021) [2023] KEELC 20404 (KLR) (26 September 2023) (Judgment)
✦ The Plainti has established that the deceased was the lawful owner of the suit property and the suit property should revert to her estate.
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Tallam & 4 others v Kibingor (Environment and Land Appeal 41 of 2019) [2023] KEELC 19997 (KLR) (26 September 2023) (Judgment)
✦ The court found that the orders granted are not enforceable due to the 2nd to 5th Appellants not being parties to the tribunal proceedings and the orders sought in the Notice of Motion are at variance with the orders issued by the tribunal.
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Diani Square Limited v Lepele & 18 others (Operating under the banner of Kaskiza Jua Kali Traders) (Environment & Land Case 23 of 2020) [2023] KEELC 20103 (KLR) (26 September 2023) (Ruling)
✦ Application dismissed with costs
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Kivunzyo v Musoro (Environment and Land Appeal 53 of 2022) [2023] KEELC 20208 (KLR) (26 September 2023) (Judgment)
✦ The appeal is dismissed as the lower court's decision was not erroneous
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Farrar (Legal Administrators of the Estate of the Late Edward Farrar) & 5 others v County Government of Mombasa (Environment & Land Case 198 of 2019) [2023] KEELC 20143 (KLR) (26 September 2023) (Judgment)
✦ The plaintiffs' suit is dismissed with costs as they failed to prove their proprietary rights.
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Mbarire v Ireri & another (Environment & Land Case E009 of 2022) [2023] KEELC 20151 (KLR) (26 September 2023) (Ruling)
✦ The Preliminary Objection has no merit and is dismissed.
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Opanga & another v Ochieng & another (Environment and Land Appeal E004 of 2022) [2023] KEELC 20207 (KLR) (26 September 2023) (Judgment)
✦ The appeal is dismissed, and the trial court's judgment is upheld
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Republic v Land Registrar, Ruiru & another; Glafjecs Company Limited (Interested Party); Rafiki Microfinance Bank Limited (Exparte Applicant) (Judicial Review E003 of 2022) [2023] KEELC 20365 (KLR) (25 September 2023) (Judgment)
✦ The court dismissed the ex parte application for mandamus.
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Jepkemboi & another v Ngisirei (Environment & Land Case E004 of 2023) [2023] KEELC 20230 (KLR) (25 September 2023) (Ruling)
✦ The court finds no proper preliminary objection before the court and dismisses the Notice of Preliminary Objection with costs.
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Swastic Holdings Limited v Kimani (Environment & Land Case E369 of 2021) [2023] KEELC 20115 (KLR) (25 September 2023) (Ruling)
✦ The court finds the defendant/applicant’s application for review of the judgment is not merited due to the doctrine of functus ocio and the defendant/applicant’s appeal to the Court of Appeal.
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Serem & another v Francis (Sued as the administrator of the Estate of the Late Paulo Mulinya Mudunya) (Environment & Land Case 391 of 2015) [2023] KEELC 20006 (KLR) (25 September 2023) (Ruling)
✦ The court ordered the defendant to refund the plaintiffs the purchase price of Kshs.209,000 together with interest from the date of filing suit until payment in full.
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Samoei & another v Melly & 3 others (Environment & Land Case E020 of 2022) [2023] KEELC 20339 (KLR) (25 September 2023) (Ruling)
✦ The Court grants a stay of proceedings in this suit pending the hearing and determination of the succession case in the Chief Magistrate's Court.
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Kirongo v Jerotich (Environment & Land Case E006 of 2023) [2023] KEELC 20236 (KLR) (25 September 2023) (Ruling)
✦ The court ordered the harvest of maize to be done during the current harvesting period but not later than October 15, 2023, when the March 13, 2023, orders shall take effect.
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Oge v Kara & another (Environment & Land Petition E001 of 2021) [2023] KEELC 20061 (KLR) (25 September 2023) (Ruling)
✦ The application is dismissed
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Shukare & another (Both Suing on their Personal Capacity and as Representatives of the Unregistered Members of Mbirikani Group Ranch) v Metoe & 4 others (Environment & Land Case 048 of 2021) [2023] KEELC 19959 (KLR) (25 September 2023) (Ruling)
✦ The motion is dismissed as there was no restraint on the Defendants from subdividing the suit land and the Defendants cannot be cited for contempt of orders that were not issued.
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Khachenda v Ingosi (Environment & Land Case 71 of 2015) [2023] KEELC 19909 (KLR) (25 September 2023) (Judgment)
✦ Adverse possession has not been established, and the reliefs sought cannot issue.
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Rotich v Keter & another (Environment & Land Case 71 of 2015) [2023] KEELC 20005 (KLR) (25 September 2023) (Ruling)
✦ The ex-parte judgment entered on January 28, 2021 should be set aside as the defendants were not properly served with the originating summons.
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Chepyegon (Suing as the next friend of Kamuren Chepyegon) & 3 others v Chepkeitany & another (Environment and Land Appeal E012 of 2022) [2023] KEELC 20493 (KLR) (25 September 2023) (Judgment)
✦ The court found an error in the registration of the land, ruling in favor of the appellants on some of their claims.
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Pius & 2 others v China Communication Company & another (Environment & Land Case E001 of 2023) [2023] KEELC 20040 (KLR) (25 September 2023) (Ruling)
✦ The application by the applicants is dismissed, and costs are awarded to the 1st defendant.
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Kiplagat v Bor & another (Environment & Land Case 140 of 2021) [2023] KEELC 20226 (KLR) (25 September 2023) (Judgment)
✦ The Court declares that the Plaintiff is the indefeasible owner of land parcel No. Nandi/Chemelil Scheme/657 and that the Defendants are not entitled to impede the Plaintiff's proprietary interest in the land. An order of eviction is issued against the Defendants.
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Muriuki v Kimani & another (Environment & Land Petition 17 of 2020) [2023] KEELC 20212 (KLR) (25 September 2023) (Judgment)
✦ The Court finds that the Court's constitutional powers have been improperly invoked and the Petition is struck out.
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Kathuni & another v Wang’ondu & 2 others (Environment & Land Case 99 of 2020) [2023] KEELC 20155 (KLR) (25 September 2023) (Judgment)
✦ The Plaintiffs are bona fide owners of the suit land and the Defendants are ordered to vacate the land and pay costs.
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Mwani & another v Land Registrar Kajiado North (Ngong) & another (Judicial Review E012 of 2022) [2023] KEELC 20058 (KLR) (25 September 2023) (Judgment)
✦ The court grants an order of mandamus compelling the Land Registrar to register the transfer instrument and issue a title deed.
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Chesingei v County Land Registrar, Elgeyo Marakwet County & 3 others (Petition E006 of 2022) [2023] KEELC 20074 (KLR) (25 September 2023) (Judgment)
✦ The court held that the applicable law and procedures were not complied with in the purported compulsorily acquisition of the suit property by the Government of Kenya, rendering the acquisition unlawful and null and void.
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Savala & another v Ndanyi (Environment & Land Case 248 of 2021) [2023] KEELC 20204 (KLR) (25 September 2023) (Ruling)
✦ The Court found that the 2nd Plaintiff/Respondent lacks locus standi to file the suit on his own behalf and/or on behalf of the estate of Hezron Ndanyi Lidede-deceased.