Kenyan case law
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Porter (Suing on Behalf of the Estate of Arthur Thomas Porter) & another v Bixby Limited & 2 others (Environment & Land Case 116 of 2019) [2023] KEELC 19801 (KLR) (30 August 2023) (Judgment)
✦ The court finds that the gift was valid and grants the plaintiffs' partial suit.
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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.
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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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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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Gachagua v Murage & 2 others (Environment and Land Case E008 of 2023) [2023] KEELC 19355 (KLR) (30 August 2023) (Ruling)
✦ The Court has jurisdiction to hear and determine the matter, and the Plainti has met the threshold to be granted the interim injunction orders.
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Kayser Investment Limited v Bamburi Special Products Ltd & 2 others (Environment & Land Miscellaneous Case E116 of 2023) [2023] KEELC 19354 (KLR) (30 August 2023) (Ruling)
✦ The court finds the application merited and issues an order of stay of execution, re-taxes the bill of costs, and orders each party to bear their own costs.
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Ngala & 2 others v Randu & 2 others (Land Case 56 of 2020) [2023] KEELC 19334 (KLR) (29 August 2023) (Ruling)
✦ The preliminary objection is dismissed as the suit is not res judicata.
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Maneno & others v Ibrahim & 3 others (Environment & Land Case 30 of 2016) [2023] KEELC 19324 (KLR) (28 August 2023) (Ruling)
✦ The court denies the application to reopen the case and orders the Applicants to pay Kshs 15,000 within 30 days, with only the defense case being reopened.
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Mwazonga & another v Chief Registrar, Mombasa; Vipingo Development & 5 others (Interested Parties) (Environment and Land Judicial Review Case 4 of 2021) [2023] KEELC 19326 (KLR) (28 August 2023) (Ruling)
✦ The application is dismissed as the application lacks merit and the discretion of the judge in directing that each party to bear their own costs is upheld.
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Kiarie v Bei International Limited t/a Scorpio Villas & 3 others (Environment & Land Case 159 of 2017) [2023] KEELC 19346 (KLR) (25 August 2023) (Ruling)
✦ The court denied the application for amendment of pleadings.
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Mwangi Kengara & Company Advocates v Kibe (Miscellaneous Civil Application E058 of 2021) [2023] KEELC 20054 (KLR) (23 August 2023) (Ruling)
✦ The court disallowed the prayer on payment by instalments and ordered the respondent to have the costs of the application.
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Kabaya & another v Gaitho & another (Environment & Land Case 89 of 2014) [2023] KEELC 19292 (KLR) (21 August 2023) (Ruling)
✦ The Plaintiffs' failure to attend court was not due to an accident, inadvertence, or excusable mistake or error. The application to set aside the impugned orders is dismissed.
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Kiarie & 4 others v Orbit Chemicals Industries Limited & 4 others (Environment & Land Case E048 of 2023) [2023] KEELC 19340 (KLR) (15 August 2023) (Ruling)
✦ The court denied the plaintiffs' request for a temporary injunction.
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Iriga (Suing in her Capacity as the Administrator of the Estate of Ignatius Iriga Nderi) v Kirugu & another (Environment and Land Appeal 5 of 2023) [2023] KEELC 19247 (KLR) (11 August 2023) (Ruling)
✦ The Court granted a stay of execution and an order of inhibition over the land pending the hearing and determination of the appeal.
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Kilimo v Malenya (Environment and Land Appeal 8 of 2022) [2023] KEELC 19331 (KLR) (10 August 2023) (Judgment)
✦ The Court of Appeal upheld the decision of the lower court, finding that the trial magistrate exercised discretion properly and that the conclusion was not manifestly wrong.
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Eagle Tower Limited v Shah & 5 others; Igueta (Interested Party) (Environment & Land Case E180 of 2023) [2023] KEELC 19250 (KLR) (10 August 2023) (Ruling)
✦ The suit is statute barred and the entire suit and the incidental application anchored thereon are incompetent, misconceived, bad in law and thus legally untenable.
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Lonyala & 26 others v Lodio & 11 others; Cabinet Secretary Ministry of Lands and Settlement & 11 others (Respondent) (Environment & Land Petition 2 of 2014) [2023] KEELC 19249 (KLR) (10 August 2023) (Ruling)
✦ The court determined that the application was not res judicata and that the conditions for grant of an injunction were met.
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Lonyala & 26 others v Lodio & 11 others; Cabinet Secretary Ministry of Lands and Settlement & 11 others (Respondent) (Environment & Land Petition 2 of 2014) [2023] KEELC 19332 (KLR) (10 August 2023) (Ruling)
✦ The application is struck out due to improper representation and lack of merit.
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Mehisa Enterprises Limited v Kenya Urban Roads Authority & 3 others (Environment & Land Case 450 of 2016) [2023] KEELC 19341 (KLR) (10 August 2023) (Judgment)
✦ The plaintiff's suit is dismissed as misconceived and legally untenable.
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Rashid t/a Melodica v Elimu Investments Ltd & another (Environment and Land Appeal E112 of 2022) [2023] KEELC 19333 (KLR) (10 August 2023) (Judgment)
✦ The Appeal is dismissed with costs to the Respondents.
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Sakaja & 2 others v Mariga & 2 others (Environment & Land Case 13 of 2023) [2023] KEELC 19251 (KLR) (10 August 2023) (Ruling)
✦ The court ordered the defendants to only harvest crops that may have been planted or exist on the area reserved for the road of access during this season, and to vacate the area until the determination of the suit.
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Vincent Kioko Suing in his Capacity as Chairman for and on Behalf of Runda Gardens Residents Association v National Environment Management Authority & another (Environment and Land Appeal E086 of 2022) [2023] KEELC 19248 (KLR) (10 August 2023) (Judgment)
✦ The appeal is allowed, the Tribunal's decision is set aside, and the appeal is returned to the tribunal to be heard on merits.
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Edco Afric Limited & another v Kirigia & 2 others (Environment & Land Case 704 of 2011) [2023] KEELC 19343 (KLR) (10 August 2023) (Judgment)
✦ The suit is dismissed with costs to the defendants.
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Dipa Pulling v Suchan Investments Limited & 3 others; CS Culture, Sports & Art & another (Interested Parties) (Environment & Land Case 200 of 2008) [2023] KEELC 19338 (KLR) (9 August 2023) (Ruling)
✦ The application is allowed to compel the Land Registrar to reconstruct the deed file and waive the requirement for a notice in the Gazette.
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Rabe v Gude (Environment & Land Case 237 of 2021) [2023] KEELC 19347 (KLR) (8 August 2023) (Judgment)
✦ The defendant has not proven his counterclaim to the required standard and is not entitled to the orders sought.