Kenyan case law
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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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James v Njeru (Environment & Land Case 33 of 2014) [2023] KEELC 20186 (KLR) (21 September 2023) (Ruling)
✦ The application is allowed to amend the Originating Summons to join the 2nd Defendant. Orders of inhibition are issued to prevent any further dealings in the land. The application for a restraining order is dismissed.
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Waweru v Munene (Environment and Land Miscellaneous Application E166 of 2021) [2023] KEELC 20263 (KLR) (21 September 2023) (Ruling)
✦ The court finds that the Defendant is the correct party to be brought before the court and has locus standi to defend the suit.
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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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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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Laboso v Sirorei (Environment & Land Case 109 of 2021) [2023] KEELC 19995 (KLR) (21 September 2023) (Ruling)
✦ The judgment is set aside, and the Defendant is granted leave to defend the suit. The suit is transferred for hearing and determination before the Environment and Land Court at Eldoret.
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Ngara v Mungai & another (Environment and Land Appeal E007 of 2021) [2023] KEELC 20022 (KLR) (21 September 2023) (Judgment)
✦ The Appellant’s claim was not proven on a balance of probabilities, and the trial court’s findings were not supported by the evidence.
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Wakwabubi v Moi’s Bridge Quarry Ltd (Environment & Land Case E013 of 2023) [2023] KEELC 19855 (KLR) (21 September 2023) (Ruling)
✦ The court lacks jurisdiction to hear the case and the matter is res judicata.
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Dharani v Canaan Developers Limited & 2 others; County Government of Nairobi & 2 others (Interested Parties) (Environment & Land Case E042 of 2023) [2023] KEELC 19881 (KLR) (21 September 2023) (Ruling)
✦ The application is allowed in terms of prayers (iv) and (v) thereof.
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Wahiu v Nzioki (Environment and Land Appeal E014 of 2022) [2023] KEELC 19916 (KLR) (21 September 2023) (Ruling)
✦ The appeal is reinstated, the orders are stayed, and the Applicant is required to deposit Kshs 100,000 as security.
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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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Enkare Name-Lock Resort Limited v Jepkoech & another (Environment & Land Case E014 of 2023) [2023] KEELC 19999 (KLR) (21 September 2023) (Ruling)
✦ The Plainti/Applicant’s Application is dismissed with costs to the Defendants/Respondents.
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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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Gachoni Enterprise Ltd v Nyaga & another (Environment & Land Case 561 of 2015) [2023] KEELC 19961 (KLR) (21 September 2023) (Ruling)
✦ The application is allowed, and the 2nd Defendant is granted unconditional leave to defend the suit. The costs of the application are to be borne by the parties.
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Gichogoh v Muita & 2 others (Environment & Land Case 311 of 2013) [2023] KEELC 20031 (KLR) (21 September 2023) (Judgment)
✦ The court declares that the defendant, Muita, is the lawful owner of the land and dismisses the plaintiff's suit.
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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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Sangoro v Thure & another (Environment and Land Appeal E039 of 2022) [2023] KEELC 19872 (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 order for cancellation of the title deed was premature.
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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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Ituika (As the administrator ad litem of the Estate of the Late James Ituika Mbugua) v Nyuiruri alias Jane Wairimu Muiruri & 14 others (Environment & Land Case 702 of 2015) [2023] KEELC 20012 (KLR) (21 September 2023) (Judgment)
✦ The court dismisses the plaintiff's claim with costs due to inconsistencies in the documentation.
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Oloolua Holdings Limited v Nairobi City County & 7 others (Environment & Land Case 896 of 2015) [2023] KEELC 20253 (KLR) (21 September 2023) (Judgment)
✦ The court held that Oloolua Holdings Limited is the legal proprietor of the suit property and that Nairobi City County had the authority to sub-divide and allocate the property.
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Mora alias Bahati Muah & 2 others v Nyibule & 2 others (Environment and Land Appeal 3 of 2022) [2023] KEELC 19948 (KLR) (21 September 2023) (Judgment)
✦ The appeal by the 3rd appellant is struck out as there was no suit against him before the trial court. The 2nd appellant's submissions were considered mere arguments and not evidence.
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Okoiti & another v Afrison Export Import Limited & 5 others; Continental Credit Finance Limited (In Receivership) & 5 others (Interested Parties) (Environment & Land Petition 1488 of 2016) [2023] KEELC 20271 (KLR) (21 September 2023) (Judgment)
✦ The Petitioners lack locus standi and the Petition is dismissed.
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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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Meja & 2 others v Saad & 2 others (Environment and Land Appeal E003 of 2023) [2023] KEELC 19924 (KLR) (21 September 2023) (Judgment)
✦ The trial court's exercise of judicial discretion in upholding the preliminary objection was correct. The trial court did not fail to scrutinize the appellants' supplementary affidavit. The appeal is dismissed.
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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.