Kenyan case law
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Muchungo v Gitau (Environment and Land Appeal 48 of 2020) [2023] KEELC 19907 (KLR) (18 September 2023) (Ruling)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The Appellant's suit as prayed in the amended plaint is allowed.
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Lusala v Ambani (Environment & Land Case 88 of 2019) [2023] KEELC 19817 (KLR) (18 September 2023) (Ruling)
✦ The court dismisses the defendant's Notice of Motion and denies the injunction sought.
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Omwaka & 2 others v Atemba (Environment and Land Appeal E016 of 2023) [2023] KEELC 19819 (KLR) (18 September 2023) (Ruling)
✦ The court dismisses the application and orders the appellants to cultivate and weed for the sugar cane crop on their land parcels pending the appeal.
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Ngungu t/a Cornestone One Enterprises v Gichamba & 3 others (Environment and Land Appeal 113 of 2022) [2023] KEELC 20220 (KLR) (18 September 2023) (Judgment)
✦ The appeal succeeds and the judgment of the trial court is set aside.
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Luyeku v Mbuya & 5 others (Environment & Land Case 622 of 2014) [2023] KEELC 19813 (KLR) (18 September 2023) (Judgment)
✦ A permanent injunction is issued restraining the defendants from harassing the plaintiff.
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Tomas & 2 others v Muigai & 2 others (Environment & Land Case 86 of 2021) [2023] KEELC 19832 (KLR) (18 September 2023) (Judgment)
✦ The court finds in favor of the plaintiffs, declaring that the land belongs to them and issuing a permanent injunction against the defendants.
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Okeya v Carmel Alma Lammon Orphans Home of Grace Children’s Home (Suing through its Board of Directors) & 5 others (Environment and Land Appeal E017 of 2020) [2023] KEELC 19818 (KLR) (18 September 2023) (Ruling)
✦ The applicants should not be joined to this appeal as interested parties.
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Kantim (Suing as the Next of Kin and Personal Representative of the Estate of the Late Ntopia Noonkuta Masitoi) v Kiu (Suing as the Next of Kin and Personal Representative of the Estate of the Late Daniel Talengo Kiptunen) (Environment & Land Case 2 of 2021) [2023] KEELC 20172 (KLR) (18 September 2023) (Ruling)
✦ The Preliminary Objection is dismissed, and the suit is not time barred.
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Gichuhi & another v Progressive Credit & another (Environment & Land Case E030 of 2023) [2023] KEELC 20203 (KLR) (18 September 2023) (Ruling)
✦ The court does not have jurisdiction to entertain the dispute in this suit and the suit is struck out on the ground of want of jurisdiction.
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Muchira v Attorney General & 4 others; National Bank of Kenya (Interested Party) (Environment & Land Case 1016 of 2012) [2023] KEELC 20173 (KLR) (18 September 2023) (Judgment)
✦ The primary suit by the plainti is dismissed for lack of merit. The counterclaim by the 4th and 5th defendants is allowed, and the plainti's title is cancelled.
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Ali v Macharia (Environment & Land Case 3 of 2021) [2023] KEELC 19810 (KLR) (18 September 2023) (Ruling)
✦ The Defendant was not condemned unheard, the application is not for review or stay of execution pending appeal, and the incoming counsel has not complied with Order 9, Rule 9.
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Kangethe v Kienye & 2 others (Miscellaneous Application 64 of 2022) [2023] KEELC 19899 (KLR) (18 September 2023) (Ruling)
✦ The application is dismissed
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Wainaina & 9 others v Wainaina & 2 others (Environment and Land Appeal E042 of 2021) [2023] KEELC 19902 (KLR) (18 September 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal, finding that the lower court suit was not res judicata and that the Appellants were not parties to the Cooperative Tribunal proceedings.
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Mutkaa v Keitany (Environment and Land Appeal 6 of 2022) [2023] KEELC 20697 (KLR) (18 September 2023) (Judgment)
✦ The court found that there were two title deeds issued in respect of the suit property, one to Catherine Chemisto and another to the appellant's father. The court ruled that the title deed issued to Catherine Chemisto, being the first in time, prevails over the one issued to the appellant's father.
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Gakuru & another v Owiti & 6 others; Vuti & another (Third party) (Environment & Land Case 410 of 2016 & 121 of 2013 (Consolidated)) [2023] KEELC 20023 (KLR) (8 September 2023) (Ruling)
✦ The court finds that the doctrine of lis pendens is applicable and maintains the status quo until the determination of the suit.
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Katama & another v Chivatsi & 6 others (Civil Suit 77 of 2017) [2023] KEELC 19339 (KLR) (31 August 2023) (Ruling)
✦ The application is allowed, and the firm of Kanyi J & Company Advocates is disqualified from representing the 3rd defendant. The 3rd defendant is granted 30 days to engage the services of another counsel or firm, save for the firm of Kanyi J & Company Advocates.
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Nzengu v Land Adjudication Officer, Kyuso Adjudication Section & 5 others (Environment & Land Petition E004 of 2022) [2023] KEELC 19348 (KLR) (30 August 2023) (Judgment)
✦ The court held that the Petitioner's right to be heard was violated and granted relief accordingly.
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Keroka Highway Service Station v Ogot (Environment & Land Case 1356 of 2014) [2023] KEELC 19805 (KLR) (30 August 2023) (Judgment)
✦ The court found Keroka Highway Service Station to be the bona fide and legal owner of the land and ordered eviction and permanent injunction.
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Benard & another v Kang’ethe & another (Environment & Land Case 138 of 2014) [2023] KEELC 19809 (KLR) (30 August 2023) (Ruling)
✦ The court ordered the defendant to be estopped from denying his previous testimony and to produce a corrected report on the estate's status. The court also ordered the defendant's witness to be impeached and found not credible. The court directed the police to consider charges of perjury against the plaintiffs.
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Alton Homes Limited & another v Chelegoi & 4 others (Environment & Land Case 371 of 2019) [2023] KEELC 19806 (KLR) (30 August 2023) (Judgment)
✦ The 2nd Plainti was never a tenant/licensee of the 1st Defendant but as a purchaser. The Plaintis were not tenants of the 2nd Defendant. There was no breach of the agreements herein. The Plaintis are entitled to the reliefs sought in their plaint. The 4th Defendant is entitled to the reliefs sought in the counterclaim. The 1st, 2nd and 3rd defendants shall bear the costs of the suit and counterclaim.
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Family Shade Africa Limited v Mukuria & another (Environment & Land Case 100 of 2020) [2023] KEELC 19804 (KLR) (30 August 2023) (Judgment)
✦ The court finds that the Plainti has been able to prove its case against the Defendants to the required standard.
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China Wu Yi (Kenya) v MS Advocates LLP (Environment and Land Appeal E058 of 2023) [2023] KEELC 19356 (KLR) (30 August 2023) (Ruling)
✦ The application is allowed, and a stay of execution is granted on condition that the Appellant complies with the requirements within 30 days.
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Guyo v Kenya Electricity Generating Company PLC (KENGEN); National Assembly (Interested Party) (Environment & Land Petition 4 of 2022) [2023] KEELC 19335 (KLR) (30 August 2023) (Ruling)
✦ The application is dismissed with costs to the Petitioner.
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Mwihaki v Safaricom PLC (Formerly Known as Safaricom Limited) (Environment & Land Case E165 of 2021) [2023] KEELC 19802 (KLR) (30 August 2023) (Judgment)
✦ The court finds that the plaintiff's suit is properly before the court and that she has proved her case.
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Silanga Park Limited v Njuguna & 2 others (Environment & Land Case E219 of 2022) [2023] KEELC 19357 (KLR) (30 August 2023) (Ruling)
✦ Summons are issued against the defendants to appear before court to show cause why they should not be committed to civil jail.