Kenyan case law
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Prigal Limited & another v Kenya Electricity Transmission Co Ltd (Civil Case 001 of 2023) [2023] KEELC 20079 (KLR) (22 September 2023) (Ruling)
✦ The application is partly merited and the defendant is restrained from withdrawing the deposit of KES. 6,579,77800. The prayer for further deposit is declined.
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Mwareri v Land Registrar (Naivasha) & 3 others (Environment and Land Judicial Review Case E3 of 2022) [2023] KEELC 20162 (KLR) (22 September 2023) (Judgment)
✦ The court grants orders of certiorari to remove to the Environment and Land Court and quash the decision and directive/order of the 1st respondent in the letter dated October 18, 2022 directing the applicant to surrender her title deed. The court also grants an order of prohibition against the 1st respondent from recalling for surrender title and rectifying the register on title number Miti Mingi/Mbaruk Block 5/932 (Kianjoya).
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Kubai v Permanent Secretary Ministry of Public Health & 3 others (Environment & Land Petition 145 of 2018) [2023] KEELC 20087 (KLR) (22 September 2023) (Ruling)
✦ The court will not review its decision as the new evidence is not sufficient to warrant such a review
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Watamu Men Fridays Limited v Attorney General (Sued as an Agent of the Government of the Republic of Kenya Representing National Land Commission, Chief Land Registrar, Registrar of Titles, Mombasa, Director of Surveys & Any other Relevant Arm of the Government) & 3 others (Environment & Land Miscellaneous Case 29 of 2018) [2023] KEELC 19878 (KLR) (22 September 2023) (Ruling)
✦ The application is dismissed with costs, and the suit is reopened for purposes of proliferation.
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Isaiah (Suing on her Behalf and on Behalf of the Following other Persons:- Regina Kemunto Nyakundi, Samuel Kimani Mathu, Johana Ndung’u Kibaara & Willy Owiso Okoth Holy Trinity Church in Africa Through its Registered Trustees) v Kimani (Sued as the Legal Representative and Administrator of the Estate of the Late Kimani Munga Ndonga) (Environment & Land Case 280 of 2018) [2023] KEELC 19921 (KLR) (22 September 2023) (Judgment)
✦ The court finds in favor of the plaintiffs, confirming their adverse possession over the land.
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Kimutai (suing as the legal administrator of the Estate of Erick Kipsom Kimutai - Deceased) v Chepsom & 3 others (Environment and Land Appeal 002 of 2023) [2023] KEELC 20127 (KLR) (22 September 2023) (Ruling)
✦ The application for stay of proceedings is not allowed. The application for leave to appeal out of time is granted.
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Ethics and Anti-Corruption Commission v Chepkole & 4 others (Environment & Land Case 242 of 2018) [2023] KEELC 19926 (KLR) (22 September 2023) (Judgment)
✦ The court held that the land parcel No. Nakuru Municipality Block 5/221 was unlawfully alienated and that the plaintiff should bear the costs of the suit.
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Kiptui & another v Mburu & 3 others (Environment & Land Case 105 of 2012) [2023] KEELC 19983 (KLR) (22 September 2023) (Judgment)
✦ The court declares that the title issued in favor of the 1st plaintiff was obtained fraudulently and cancels it. The defendants are declared the beneficial owners of the suit land. The 1st and 2nd plaintiffs are ordered to bear the costs of the suit.
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Naivasha Waterfront Development Limited v Kaigananie & 2 others (Environment & Land Case 41 of 2023) [2023] KEELC 20077 (KLR) (22 September 2023) (Ruling)
✦ The court allowed the application and issued an injunction restraining the defendants from selling, leasing, or interfering with the property pending the hearing and determination of the suit.
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Gathura v Ngethe & another (Environment & Land Case 229 of 2012) [2023] KEELC 20102 (KLR) (22 September 2023) (Judgment)
✦ The court found in favor of the plaintiff, James Mwangi Gathura, on all issues raised.
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Thiani v Kedong Ranch Limited (Environment and Land Case E31 of 2023) [2023] KEELC 19980 (KLR) (22 September 2023) (Ruling)
✦ An order of injunction is issued restraining the defendant from making any offer for sale, accepting any offer to purchase, entering into or signing any agreement for sale over the suit land.
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Muchiri & 4 others v Mugane & 2 others (Civil Suit E001 of 2021) [2023] KEELC 20070 (KLR) (22 September 2023) (Judgment)
✦ The court finds that the applicants have proved their case on a balance of probabilities and grants the applicants' request for adverse possession.
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Kibowen v Ruto & 15 others (Environment & Land Case 174 of 2015) [2023] KEELC 19918 (KLR) (22 September 2023) (Ruling)
✦ The defendants' application to transfer the suit to Kabarnet Law Courts is hereby automatically struck out, and the defendants shall not file any other application in future without leave of court.
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Tenna & another v Joslyn & 5 others (Environment & Land Case E016 of 2022) [2023] KEELC 20113 (KLR) (22 September 2023) (Ruling)
✦ The plaintiffs' application is dismissed with costs as there is no merit in it.
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Ngumi v Asava (Environment and Land Appeal 25 of 2021) [2023] KEELC 19911 (KLR) (22 September 2023) (Judgment)
✦ The appeal has merit and the order dismissing the third party joinder application is set aside. A third party notice shall issue to the County Government of Nakuru.
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Kimondo v Nderitu & 2 others (Environment & Land Case E024 of 2022) [2023] KEELC 19938 (KLR) (22 September 2023) (Ruling)
✦ The court dismissed the application for restraining order, finding no prima facie case for the Applicant.
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Mutava v Kazungu & 2 others (Environment and Land Petition 26 of 2022) [2023] KEELC 19943 (KLR) (22 September 2023) (Ruling)
✦ The Court finds that it cannot and would not grant the orders against the 2nd defendant who has not been shown to hold the suit land in any capacity.
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Tutua v Kipkulei & 2 others; Agricultural Development Corporation (Third party) (Environment & Land Case E34 of 2021) [2023] KEELC 19978 (KLR) (22 September 2023) (Ruling)
✦ The court denies the 1st and 2nd defendants' application to file the additional documents.
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Chelagatt v Nderi & 8 others (Environment & Land Case 187 of 2016) [2023] KEELC 19917 (KLR) (22 September 2023) (Judgment)
✦ This court has no material placed before it by any of the parties to enable it conclude that numbers Plot Nos 674 and 637 refer to one and the same land parcel on the ground.
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Boskwony (Suing as the Administrator of the Estate of Charles Boskwony) & another v Biwott & 5 others (Environment & Land Case 210 of 2012) [2023] KEELC 20100 (KLR) (22 September 2023) (Ruling)
✦ The court granted leave to amend the plaint.
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Nguma v Ndalo & 19 others (Environment & Land Case 276 of 2016) [2023] KEELC 19940 (KLR) (22 September 2023) (Ruling)
✦ The application to extend time to file an appeal is dismissed with costs
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Cheruiyot & 51 others v Morogo & 7 others (Environment & Land Case 488 of 2013) [2023] KEELC 20092 (KLR) (22 September 2023) (Judgment)
✦ The court declares that the suit property is not available for re-demarcation and re-allocation as the plaintis and defendants have been issued with individual titles as the mother title was surrendered to the Commissioner of Lands.
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Mulima & 3 others v Kipkorir & another (Civil Appeal 17 of 2023) [2023] KEELC 20063 (KLR) (22 September 2023) (Ruling)
✦ The application is dismissed with costs to the respondents
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Moboko Shembekho Ltd v Kiptalam & 2 others; Agricultural Development Corporation (Third party) (Environment & Land Case 43 of 2021) [2023] KEELC 19982 (KLR) (22 September 2023) (Ruling)
✦ The court granted the defendants' application to file the additional documents, but with the condition that the plainti' will not be prejudiced in any way.
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Omar v Rotich & 3 others (Environment & Land Case E15 of 2021) [2023] KEELC 19977 (KLR) (22 September 2023) (Ruling)
✦ The court can review its order for any sufficient reason, and Omar has demonstrated a sufficient reason to vary the orders issued on 24/04/2023.