Kenyan case law
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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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Gichuru v Kinyanjui & another (Environment & Land Case 148 of 2016) [2023] KEELC 20090 (KLR) (22 September 2023) (Judgment)
✦ The Court dismissed the Plainti's claim and the Defendants' counterclaim.
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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.
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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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Njogu (Suing for himself and on behalf of the estate of his late father, Njogu ngatia alias Njogu s/o Ngatia) (Suing for Himself and on Behalf of the Estate of his Late Father, Njogu ngatia alias Njogu s/o Ngatia) v Baaru & 7 others (Environment & Land Case E022 of 2022) [2023] KEELC 19896 (KLR) (22 September 2023) (Ruling)
✦ The Plaintiffs' motion is dismissed with costs.
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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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Wambugu v Njeri & another (Environment & Land Case E003 of 2023) [2023] KEELC 19937 (KLR) (22 September 2023) (Ruling)
✦ The Court grants the temporary injunction, finding that the balance of convenience tilts in favor of the Plaintiff as a joint proprietor.
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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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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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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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Kheri & 4 others v Land Registrar Kwale; Hathaway Limited (Interested Party) (Miscellaneous Civil Application E005 of 2022) [2023] KEELC 20035 (KLR) (22 September 2023) (Ruling)
✦ The court dismisses the application, finding that the application is not filed under the correct proceedings and that the applicant's claims are not properly litigated under a miscellaneous civil application.
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Kihunyu (Suing as Administrator of the Estate of Leah Wanjiku Kanyi, Deceased) v Nakuru Teachers Housing Cooperative Society Ltd & another; Wachira (Third party) (Environment & Land Case 331 of 2012) [2023] KEELC 19914 (KLR) (22 September 2023) (Judgment)
✦ The plainti is the lawful and legal absolute proprietors of the suit land and the subsequent sale of the same to any third party for the matter was/is illegal, unlawful and fraudulent and hence null and void.
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Abdalla & 2 others v County Government of Kilifi & 2 others (Land Case 283 of 2016) [2023] KEELC 19898 (KLR) (22 September 2023) (Judgment)
✦ The court declared the defendants' actions wrongful and ordered them to cease pollution and environmental degradation. The court also awarded compensatory and continuing trespass damages and ordered the defendants to comply with the orders within 120 days.
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Charo v Gathuku (Environment and Land Appeal E001 of 2023) [2023] KEELC 19951 (KLR) (22 September 2023) (Ruling)
✦ A temporary injunction is issued restraining the defendant from encroaching into, entering, constructing, or interfering with the land portions.
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Chelal v Cherop (Environment and Land Appeal E020 of 2022) [2023] KEELC 20053 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent as the alleged encroachment was neither proved nor disproved, and the lower court lacked jurisdiction to entertain the boundary dispute.
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Sefu v Haji (Environment & Land Case 183 of 2017) [2023] KEELC 19893 (KLR) (22 September 2023) (Judgment)
✦ The applicant's claim for adverse possession is dismissed with costs.
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Wokabi & another (As Administrators of the estate of Soromeeti Kapore - Deceased) v Wangora (Environment & Land Case E024 of 2022) [2023] KEELC 19972 (KLR) (21 September 2023) (Ruling)
✦ The suit is time barred and is struck out with costs to the Defendant.
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Isatsiro v Mary & 2 others (Environment & Land Case E003 of 2022) [2023] KEELC 19913 (KLR) (21 September 2023) (Judgment)
✦ The defendants bought portions of the land in the manner described in the land sale agreements.
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KTK Advocates v Nairobi City County (Miscellaneous Cause E056 of 2020) [2023] KEELC 20297 (KLR) (21 September 2023) (Ruling)
✦ The application dated 8th August, 2022 by the Advocate is allowed as prayed.
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Chepkwony v Boit (Environment and Land Appeal 4 of 2023) [2023] KEELC 19906 (KLR) (21 September 2023) (Ruling)
✦ The court grants leave to appeal out of time and stays the execution of the judgment.
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Owino v Jotham (Environment & Land Case 91 of 2012) [2023] KEELC 19871 (KLR) (21 September 2023) (Judgment)
✦ The Defendant trespassed onto the suit lands
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Nkoimo v District Land Registrar Transmara East, West & South Districts & another (Miscellaneous Application E003 of 2022) [2023] KEELC 20175 (KLR) (21 September 2023) (Ruling)
✦ The Court finds that the person conducting the caution hearing was duly authorised and followed the law.
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Maina v Wanjohi & 3 others (Environment & Land Case 502 of 2017) [2023] KEELC 19963 (KLR) (21 September 2023) (Ruling)
✦ The application is dismissed with costs
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Kiewa Group Limited & another v Co-operative Bank of Kenya Ltd & another (Environment & Land Case E246 of 2022) [2023] KEELC 20039 (KLR) (21 September 2023) (Ruling)
✦ The suit is transferred to the High Court (Commercial and Tax Division) and the prevailing status quo is maintained pending further directions.
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Shisanya & another v National Olympic Committee of Kenya & 3 others; Tysons Limited (Interested Party) (Environment & Land Case E245 of 2022) [2023] KEELC 19939 (KLR) (21 September 2023) (Judgment)
✦ The Plaintiffs shall be refunded the sum of Kes.4, 612, 000/= by the 3rd Defendant herein, with interest from January 2015 to the date of payment in full. The Plaintiffs' claim against the 1st and 2nd Defendants is dismissed.