Kenyan case law
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Centre Park Plaza Ltd v Rural Housing Estates Ltd (Environment & Land Case E013 of 2022) [2023] KEELC 19864 (KLR) (21 September 2023) (Judgment)
✦ The contract is valid, and the suit is not statute-barred.
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Kionga v Inspector General of Police & another (Environment & Land Case 1529 of 2016) [2023] KEELC 19971 (KLR) (21 September 2023) (Judgment)
✦ The plaintiff's claim is dismissed with costs
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Gachanja & another v Kariuki & another (Environment & Land Case 156 of 2008) [2023] KEELC 20032 (KLR) (21 September 2023) (Ruling)
✦ The application for amendment of pleadings is partially allowed.
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Republic v District Commissioner (Acting as a Delegate of the Minister); Obonyo (Interested Party); Ombeng (Suing as the Legal Administrator and Representative of the Estate of the Late Walter Ombeng Okello) (Exparte Applicant) (Environment and Land Judicial Review Case 3 of 2021) [2023] KEELC 19952 (KLR) (21 September 2023) (Judgment)
✦ The ex parte applicant's prayers for certiorari, mandamus, and prohibition in respect of the new land parcel Nyangoma/Uyawi/2410 are struck out as they were not obtained with leave as required by Order 53 of the Civil Procedure Rules.
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Kirima v American Towers Corporation (Environment & Land Case E047 of 2023) [2023] KEELC 20047 (KLR) (21 September 2023) (Ruling)
✦ The application for an injunction is dismissed with no orders as to costs.
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Muratha & 20 others v Wambaki & 5 others (Environment & Land Case 1206 of 2015) [2023] KEELC 19974 (KLR) (21 September 2023) (Judgment)
✦ The Plaintiffs are not entitled to be declared owners of the suit properties and are not entitled to the other reliefs sought.
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Obiero v Piotto (Environment & Land Case 314 of 2016) [2023] KEELC 20045 (KLR) (21 September 2023) (Ruling)
✦ The application dated November 1, 2022 is allowed with no orders as to costs and the suit is reinstated on condition that it is heard expeditiously.
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Ranjira & 3 others v Ranjira & 4 others (Environment & Land Case 96 of 2021) [2023] KEELC 22643 (KLR) (21 September 2023) (Ruling)
✦ The 1st Defendant/Respondent is in contempt of the court orders of November 10, 2021, and is fined Kshs. 100,000 and committed to civil jail for 6 months.
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Alvine Brooks Limited v Kirunyu (Environment & Land Case E007 of 2022) [2023] KEELC 20159 (KLR) (21 September 2023) (Judgment)
✦ The court held that the defendant was not entitled to unilateral cancellation or rescission of the contract and that the remedy of specific performance is available to the plaintiff.
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Sheobo v Hardware & Suppliers Limited & another; Kenya National Highways Authority & 2 others (Interested Parties) (Environment & Land Case E192 of 2022) [2023] KEELC 20026 (KLR) (21 September 2023) (Ruling)
✦ The application is allowed with no orders as to costs. The plaintiff is to amend his pleadings within 14 days and the defendants and Interested Parties are to file and serve their defences/statement of claims within 28 days.
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Ali & 3 others v Ojowi & 2 others (Sued as legal representative of Dismas Osiri - Deceased) & another (Environment & Land Case 211 of 2009) [2023] KEELC 19967 (KLR) (21 September 2023) (Ruling)
✦ The application is struck out as an abuse of the court process, premature, and without merit. The orders sought are denied.
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Kinuthia v District Land Registrar, Kiambu & 2 others (Environment and Land Case Judicial Review Application E003 of 2023) [2023] KEELC 19915 (KLR) (21 September 2023) (Ruling)
✦ The Court finds the Applicant deserving of the orders and allows the application, compelling the Respondents to ascertain and fix the boundaries of the suit land within 60 days.
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Opot v Osoma & another (Environment & Land Case 26 of 2021) [2023] KEELC 19888 (KLR) (21 September 2023) (Ruling)
✦ The court denied the application for a stay of execution, finding that the defendants did not meet the threshold for a stay and did not provide sufficient security.
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Covenant House of Prayer Church (Suing Through the Registered Officials Being Daniel Njuguna Ng’ang’a, Kenneth Koome Murungi and Joseph Njenga Njuguna) v Thata (Environment and Land Appeal E056 of 2022) [2023] KEELC 20200 (KLR) (21 September 2023) (Judgment)
✦ The court dismissed the appeal, upholding the magistrate's ruling that the appellant had not established a prima facie case.
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Kilonzo v Kiige; Embakasi Ranching Co. Ltd (Interested Party) (Environment & Land Case E285 of 2022) [2023] KEELC 20048 (KLR) (21 September 2023) (Ruling)
✦ The application to join Embakasi Ranching Co. Ltd as an Interested Party is allowed
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Oduor v Ogoya (Environment & Land Case 1 of 2023) [2023] KEELC 19889 (KLR) (21 September 2023) (Ruling)
✦ The court finds prayer (b) incompetent and strikes it out due to res judicata. The court holds the OCS Sega Police Station in contempt of court for failure to execute lawful orders.
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Siongo v Mwai (Environment and Land Appeal E017 of 2021) [2023] KEELC 20016 (KLR) (21 September 2023) (Judgment)
✦ The Court of Appeal dismissed the Appellant's counterclaim and directed that the Appellant proceed to prove her counterclaim.
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Odeny (Suing as the Legal Representative of the Estate of Micah Odhiambo Mbani-Deceased) v Ibrahim & 2 others (Environment & Land Case 778 of 2016) [2023] KEELC 20029 (KLR) (21 September 2023) (Ruling)
✦ The application for reinstatement is dismissed with costs to the third defendant.
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Patel v Eldoret Patel Brothers Regsitered Trustees (Environment & Land Case E005 of 2023) [2023] KEELC 19908 (KLR) (21 September 2023) (Ruling)
✦ The applicant's application is dismissed with costs
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Kareithi (Suing as the legal representative/administratrix of the Estate of David Githaiga Methu) v Methu & another (Environment & Land Case 4 of 2023) [2023] KEELC 19942 (KLR) (21 September 2023) (Ruling)
✦ The court declares that the 2nd defendant is holding the property title number Nakuru Municipality Block 7/634 in trust for themselves and on behalf of the plaintiff who represents the estate of David Githaiga Methu deceased. The court grants a temporary injunction to prevent the defendants from subdividing, selling, dealing with, or interfering with the land.
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Olwanda v Chapia (Environment and Land Appeal E007 of 2021) [2023] KEELC 19925 (KLR) (21 September 2023) (Judgment)
✦ The appeal is allowed, and the judgement of the trial court is set aside. A retrial of the suit by the trial court is ordered.
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Waita v Venture Holdings Limited (Environment & Land Miscellaneous Case 4 of 2016 & Miscellaneous Application 5, 10, 13 & 85 of 2016 (Consolidated)) [2023] KEELC 20372 (KLR) (21 September 2023) (Judgment)
✦ The Court finds that the Respondent is in breach of the Sale Agreement and orders the Respondent to pay the Applicant Kshs 13,488,410.00 within 90 days.
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Muriu v Njuhiga (Environment & Land Case 663 of 2012) [2023] KEELC 20037 (KLR) (21 September 2023) (Ruling)
✦ Defendant's application to file defense and counterclaim is granted, but they are required to file within 7 days from the date of this ruling.
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Jeserem & 4 others v Kiptoo & another (Environment & Land Case E017 of 2023) [2023] KEELC 19851 (KLR) (21 September 2023) (Ruling)
✦ The application is struck out as sub-judice.
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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.