Kenyan case law
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Ngei v Ngei & 4 others (Environment & Land Case 924B of 2018) [2023] KEELC 20255 (KLR) (21 September 2023) (Judgment)
✦ The Plainti failed to prove her case on a balance of probabilities.
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Njiru v Muriungi & 4 others (Environment & Land Case 28 of 2020) [2023] KEELC 19964 (KLR) (20 September 2023) (Ruling)
✦ The application for stay of execution of the judgment is granted.
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Champion Kenya Limited & another v Agricultural Finance Corporation Limited (Environment & Land Case 29 of 2018) [2023] KEELC 19985 (KLR) (20 September 2023) (Judgment)
✦ The court found that the court had jurisdiction, there was no valid agreement, and the Plaintiffs have established a cause of action for the refund of the purchase price.
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Shah v Mbugua & 32 others (Environment & Land Case 215B of 2018) [2023] KEELC 19836 (KLR) (20 September 2023) (Ruling)
✦ The application is dismissed. The defendants' claims of adverse possession and service issues are not valid as the previous judgments are res judicata.
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Vihiga Farmers Company Ltd & another v African Israel Church (Through Zachel Shidode, Renal Alodi & Francis Ajega) & another (Environment & Land Case 242 of 2013) [2023] KEELC 19846 (KLR) (20 September 2023) (Ruling)
✦ Application dismissed with costs
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Mumwanjesyi Development Ltd v Ali (Environment & Land Case 60 of 2016) [2023] KEELC 19837 (KLR) (20 September 2023) (Judgment)
✦ The court finds that the defendant's house encroaches onto the plaintiff's land and orders the defendant to demolish and remove the encroaching part of the house at his own cost within 90 days. The court also issues a permanent injunction restraining the defendant from interfering with the plaintiff's quiet possession and occupation of the land.
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Mungania v Centenary Savings and Credit Cooperative Society (Environment and Land Appeal E036 of 2023) [2023] KEELC 19912 (KLR) (20 September 2023) (Ruling)
✦ The application is dismissed with costs
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Olonana Limited v Mara Rafiki Limited (Environment & Land Case 34 of 2021) [2023] KEELC 20182 (KLR) (20 September 2023) (Judgment)
✦ The Honourable Court determined that the Plainti is not entitled to the entire property known as L.R.No.Transmara/Kimintet “D”/479, but the lawful acreage for exclusive possession and/or use is 100 acres.
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Ondicho & another v Kimeli & 2 others (Environment & Land Case 108 & 132 of 2016 (Consolidated)) [2023] KEELC 19844 (KLR) (20 September 2023) (Ruling)
✦ The court found that the plaintiff has failed to satisfy the condition of substantial loss and that the application has been made without undue delay. However, the court did not address the issue of security for costs.
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Opero v Musumba (Environment and Land Appeal E005 of 2023) [2023] KEELC 19823 (KLR) (20 September 2023) (Ruling)
✦ The application is dismissed with costs as the ruling by Hon Edna Nyaloti was a negative order incapable of being stayed.
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Nyagaka v Mogire (Civil Suit 2 of 2021) [2023] KEELC 19954 (KLR) (20 September 2023) (Judgment)
✦ The court finds that the plaintiff has acquired the land by adverse possession and orders the defendant to transfer the portion of land to the plaintiff within 90 days.
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Njagi v Mwangi & another (Environment & Land Case E410 of 2022) [2023] KEELC 19830 (KLR) (20 September 2023) (Ruling)
✦ The plaintiff's application is dismissed without granting the injunction sought.
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Kaguthi Kibabu Limited v Omondi & 6 others (Environment & Land Case E020 of 2022) [2023] KEELC 19904 (KLR) (20 September 2023) (Ruling)
✦ The Court finds that the Plaintiff has not established a prima facie case to warrant the orders as sought against the Defendants.
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Kariuki T/A Longroom & 2 others v Allan & Bradley Company Limited (Environment & Land Case E004 of 2023) [2023] KEELC 19856 (KLR) (20 September 2023) (Ruling)
✦ The preliminary objection is dismissed, and a temporary injunction is issued.
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Tallam v Rotich & another (Suing as the Administrator of the Estate of David Rotich –Deceased) & another (Environment and Land Appeal E044 of 2022) [2023] KEELC 19859 (KLR) (20 September 2023) (Ruling)
✦ The court dismissed the application for stay of the dismissal order as it was an abuse of process.
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Thaathini Development Company Limited v Kenya Electricity Transmission Company Limited (Environment & Land Case E084 of 2022) [2023] KEELC 19834 (KLR) (20 September 2023) (Ruling)
✦ The court dismissed the defendant's preliminary objections and the suit was allowed to proceed.
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Mutiri alias Remus Banu Muturi alias Remus Banu Muthuuri v Itirikia (Petition 15 of 2013) [2023] KEELC 19866 (KLR) (20 September 2023) (Judgment)
✦ The petition is not a constitutional issue but a private law claim.
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Simon v Simon (Environment and Land Appeal 34 of 2021) [2023] KEELC 20195 (KLR) (20 September 2023) (Judgment)
✦ The Appellant's appeal is upheld, and the eviction order is set aside. The property known as L.R.No. Transmara/Shartuka/1584 is lawful and legally existing, and it is the registered and beneficial property of the Appellant.
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Wasike & 2 others v Attorney General & 2 others (Environment & Land Petition E001 of 2020) [2023] KEELC 19858 (KLR) (20 September 2023) (Judgment)
✦ No merit in the petitioners' case, and the reliefs sought cannot issue
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Itabari v Kenya Electricity Transmission Company Limited (Environment & Land Case 77 of 2022) [2023] KEELC 19945 (KLR) (20 September 2023) (Ruling)
✦ The Court declines to find that the Plaintiff lacks locus standi to institute the suit and directs the Defendant to file a Defence within 21 days.
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Bayusuf & 4 others v Marble Inn Developers Limited & 2 others & 2 others (Environment and Land Constitutional Petition E006 of 2023) [2023] KEELC 19835 (KLR) (20 September 2023) (Ruling)
✦ The court dismissed the petitioners' application for a temporary injunction.
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Mugumya and Company Advocates v Kigen (Miscellaneous Application E004 of 2023) [2023] KEELC 20209 (KLR) (20 September 2023) (Ruling)
✦ The Grounds of Opposition dated 10th May 2023 are merited, and the Bill of Costs dated 25th of April 2023 against the Respondent is hereby struck out with costs in favour of the Respondent.
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Resilient Investment Limited v Presbyterian Foundation (Environment & Land Case 24 of 2020) [2023] KEELC 19829 (KLR) (20 September 2023) (Ruling)
✦ The application is dismissed.
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Rikuru v M’Rikuru (Environment and Land Case Civil Suit E008 of 2022) [2023] KEELC 19850 (KLR) (20 September 2023) (Ruling)
✦ The court declines to grant the plaintiff's prayer for the court to re-write the consent order and directs the OCS Meru Police Station to provide security for the surveyor's work.
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Bor (Suing as the legal representative and administrator of the Estate of Philip Kibor (Deceased) v Kipsingok & 3 others (Environment & Land Case E008 of 2023) [2023] KEELC 19849 (KLR) (20 September 2023) (Ruling)
✦ The court lacks jurisdiction to hear and determine the suit and the application is struck out with costs to the Respondents.