Kenyan case law
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Kenei v Murgor & 2 others (Environment & Land Case 20 of 2021) [2023] KEELC 19994 (KLR) (21 September 2023) (Judgment)
✦ The Court finds that there was a valid and binding agreement for sale, and the LCB consent dated 21/04/2005 was not issued fraudulently.
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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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Muchai v Makeri & another (Environment & Land Case 702 of 2017) [2023] KEELC 19969 (KLR) (21 September 2023) (Ruling)
✦ The application for substitution and revival of the suit is dismissed with costs.
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Sangoro v Thure & another (Environment and Land Appeal E039 of 2021) [2023] KEELC 20310 (KLR) (21 September 2023) (Judgment)
✦ The court held that the Appellant legally owns the land parcel number Kisumu/Nyahera/2280 and that the trial court's decision to set aside the title deed was premature.
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Gona & 56 others v Kenya Power & Lighting Company (Civil Suit E064 of 2022) [2023] KEELC 20214 (KLR) (21 September 2023) (Ruling)
✦ The Preliminary Objection was not properly raised and the Court lacks jurisdiction to hear the suit.
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Kahuthu & another (Suing as Trustee of the Kenya Evangelical Lutheran Church) v Muthoni (Administratrix of the Estate of Naomi Muthoni Ngware) & another (Environment & Land Case 154 of 2014 & Civil Case 170 of 2007 (Consolidated)) [2023] KEELC 19979 (KLR) (21 September 2023) (Judgment)
✦ The Plaintiffs are declared the owner of Dagoretti/Riruta/1035 by virtue of adverse possession.
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Chepkonga v Kuikui & 3 others (Environment & Land Case 173 of 2016) [2023] KEELC 19891 (KLR) (21 September 2023) (Ruling)
✦ The court allows the defendant's application for security during the surveyor's work and directs the Land Registrar to dispense with the original title deed for subdivision and registration.
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Wanjiru (Suing as the Administrator of the Estate of Cyrus Gathira Ndiritu - Deceased) v Golden Lane Limited & another (Environment & Land Case E955 of 2017) [2023] KEELC 20017 (KLR) (21 September 2023) (Ruling)
✦ The order dismissing the suit is set aside, and the suit is reinstated for proceedings.
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Mungai v Attorney General & 8 others (Environment & Land Case 338 of 2016) [2023] KEELC 19970 (KLR) (21 September 2023) (Judgment)
✦ The court found the plaintiff's title to be fraudulent, illegal, unprocedural, and unprocedural, and ordered the cancellation of the titles and registration.
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Solitei v Muhuri & 2 others; County Government of Kajiado & another (Interested Parties) (Enviromental and Land Originating Summons E006 of 2021) [2023] KEELC 20007 (KLR) (21 September 2023) (Judgment)
✦ The court finds that the applicant purchased the property for valuable consideration, took possession, and has undertaken developments thereon. The court orders that the 1st and 2nd Interested Parties be compelled to effect the transfer in the applicant's favor and that the applicant be issued with the new generation letters of allotment or title.
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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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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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Odoyo v Ojwang (Environment & Land Case 348 of 2016) [2023] KEELC 19853 (KLR) (21 September 2023) (Ruling)
✦ Odoyo is ordered to provide security for himself while evicting Ojwang and other trespassers from the land.
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Mailu & 8 others v Kuria (Environment & Land Case E025 of 2022) [2023] KEELC 20034 (KLR) (21 September 2023) (Ruling)
✦ The preliminary objection is dismissed, and each party is to bear their own costs.
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Iganjo & another v Muriithi (Acting as the administrator and legal representative of the Estate of Mwangi Stephen Muriithi) & 6 others (Environment & Land Case 901 of 2014) [2023] KEELC 20015 (KLR) (21 September 2023) (Judgment)
✦ The court does not have jurisdiction to determine the shareholding of the 7th Defendant and dismisses the Plaintiffs' claims.
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Kariuki & 6 others (Suing on their Behalf and as the Reps of Kasarini Farmers Co-op Society and Kasarini Self Help Group v Mbugua & 8 others (Environment & Land Case 557 of 2009) [2023] KEELC 19962 (KLR) (21 September 2023) (Ruling)
✦ The application is dismissed as the suit against the 8th and 9th Defendants has abated and there is a court order barring the hearing and determination of the complaint by the NLC.
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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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Madobe v Esli Hub Restaurant Limited t/a Matrix Restauran (Environment and Land Constitutional Petition E011 of 2023) [2023] KEELC 20224 (KLR) (21 September 2023) (Ruling)
✦ The Application is dismissed, with no orders as to costs
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Lumadede v Aroni (Environment and Land Appeal 14 of 2021) [2023] KEELC 19991 (KLR) (21 September 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent.
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Kimilu (Suing as guardian ad litem of Kisii Children Home) & 3 others v Abuga & 6 others (Civil Suit 220 of 2017) [2023] KEELC 19955 (KLR) (21 September 2023) (Ruling)
✦ The application for review is dismissed with costs, and the eviction orders remain in place.
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Kiany v Mutai (Environment and Land Appeal E002 of 2021) [2023] KEELC 19993 (KLR) (21 September 2023) (Judgment)
✦ The Court finds merit in the appeal and remits the suit for a re-trial before the Chief Magistrate's Court at Kapsabet, who shall frame the issue canvassed by the parties herein as an issue for determination.
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Mamboleo v Kangethe (Environment and Land Appeal E038 of 2023) [2023] KEELC 20038 (KLR) (21 September 2023) (Ruling)
✦ The application was denied as there was no sufficient cause to grant a stay of execution and the appellant had not discharged its duty in bringing the application in a timeous manner.
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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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Telkom Kenya Limited v Roka Trading Company Limited & 5 others (Environment and Land Case Civil Suit E65 of 2022) [2023] KEELC 19960 (KLR) (21 September 2023) (Ruling)
✦ The court dismisses the preliminary objection and certifies the application as urgent.
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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.