Kenyan case law
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Royals Palms Mustard Ltd v Troy Medicare Pharmarcy Limited & 2 others; Muchai & 16 others (Interested Parties) (Environment & Land Case E033 of 2023) [2023] KEELC 19312 (KLR) (8 August 2023) (Ruling)
✦ Previous injunctive orders are set aside, and the case is remanded to Justice M.D. Mwangi.
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Mohamed & 9 others v Kajoji & 8 others (Environment & Land Case 99 of 2019) [2023] KEELC 22656 (KLR) (31 July 2023) (Ruling)
✦ The applicant is ordered to comply with the court order within 14 days from the date of this ruling.
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Kariuki v General & another (Environment & Land Case 7 of 2016) [2023] KEELC 19290 (KLR) (31 July 2023) (Ruling)
✦ The application is dismissed.
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Kibunya v Karanja & 2 others (Environment and Land Appeal E023 of 2021) [2023] KEELC 19246 (KLR) (31 July 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondents.
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Eastern Produce Kenya Limited v Chief Land Registrar & another; County Government of Nandi (Interested Party) (Environment and Land Appeal 2 of 2023) [2023] KEELC 19191 (KLR) (31 July 2023) (Ruling)
✦ The appeal is deemed as duly filed and the stay of execution of the Gazette Notice and National Land Commission determination is granted pending determination of the appeal.
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Jojomera & another v Kauli (Land Case E013 of 2022) [2023] KEELC 19308 (KLR) (31 July 2023) (Ruling)
✦ The orders issued on August 1, 2022 should be set aside, varied, or discharged.
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Mediheal Hospital & Fertility Centre Limited v County Government of Nandi (Environment & Land Petition 5 of 2021) [2023] KEELC 19193 (KLR) (31 July 2023) (Judgment)
✦ The Court finds the Petitioner the lawful proprietor of Kapsabet Municipality 293 and Kapsabet Municipality 294, and that the Petitioner’s fundamental freedoms and rights to fair administrative action were violated by the 1st Respondent.
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Nyabali v Humphrey (Environment and Land Appeal E055 of 2023) [2023] KEELC 19224 (KLR) (31 July 2023) (Ruling)
✦ The court grants the stay of execution pending appeal, but requires the Appellant to provide a reasonable security of Kshs 2,140,000 in an interest earning bank account in the names of the Advocates for both parties.
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Mugendi Karigi & Co. Advocates v Doric Industries Limited (Miscellaneous Application E057 of 2021) [2023] KEELC 19186 (KLR) (31 July 2023) (Ruling)
✦ The court allows the Client to pay 20% of the decretal amount by 31st August, 2023, and the balance in equal installments of Ksh 500,000/=. The Client must also pay 20% of the decretal amount by 31st August, 2023.
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Mwangangi v Kambo & 5 others; Kivuvani (Interested Party) (Environment & Land Case 336 of 2007) [2023] KEELC 19337 (KLR) (31 July 2023) (Ruling)
✦ The court allowed the application for leave to file the counter-claim, finding that the delay was due to the plaintiff's mother's death and the subsequent financial difficulties of the family, and that the amendment was not prejudicial to the other parties.
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Mburu v Kamami (Environment & Land Case 963 of 2015) [2023] KEELC 19313 (KLR) (31 July 2023) (Judgment)
✦ The court finds that the Plaintiff is entitled to adverse possession and orders him to be registered as the proprietor of the land. The Defendant is ordered to execute necessary documents to register the Plaintiff as the owner within 30 days.
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Olang v County Government of Kwale & 3 others (Environment & Land Case 165 of 2021) [2023] KEELC 19327 (KLR) (31 July 2023) (Ruling)
✦ The court dismissed the preliminary objections and allowed the suit to proceed.
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CM Advocates LLP v Cole (Suing as the Administrator of the Estate of Josephine Eleanor Moikobu) (Environment and Land Miscellaneous Application E170 of 2021) [2023] KEELC 19149 (KLR) (31 July 2023) (Ruling)
✦ The application is dismissed with costs
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Kamau & another v Sava Builders Limited & another (Civil Suit E109 of 2023) [2023] KEELC 19297 (KLR) (31 July 2023) (Ruling)
✦ The Application dated 7th June 2023 is allowed in terms of prayer 3 only. The orders of temporary injunction issued on 27th March 2023 are vacated and discharged.
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VG Patel & Sons Limited v Ombasa, The Liquidation Agent, Middle Africa Finance Company Limited (In Liquidation) & another (Environment & Land Case E017 of 2021) [2023] KEELC 19211 (KLR) (28 July 2023) (Ruling)
✦ The suit is struck out as it was filed without the court's leave, and the plaintiff failed to seek leave under the Kenya Deposit Insurance Act.
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Obero (as the Administrator of Richard Simon Obero) v Nakhisa & another (Environment and Land Appeal 9 of 2020) [2023] KEELC 19044 (KLR) (28 July 2023) (Judgment)
✦ The court allows the appeal and sets aside the ruling of the trial court, remitting the original file to the trial court for hearing and determination.
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Naki Investments Company Limited & another v Vikeira (Environment & Land Case E172 of 2023) [2023] KEELC 19156 (KLR) (28 July 2023) (Ruling)
✦ The court denies the Plaintiffs' application for an interlocutory mandatory injunction and an order for the Defendants to vacate the suit land. The court grants an order of temporary injunction.
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Khaemba (Suing as administrator of the Estate of Simon Khaemba Mwanja) v Khaemba & 5 others (Environment & Land Case 15 of 2020) [2023] KEELC 19253 (KLR) (28 July 2023) (Ruling)
✦ The current suit is an abuse of the court process due to res judicata
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Ng’ang’a & another v Njenga & another (Environment & Land Case E015 of 2023) [2023] KEELC 19263 (KLR) (28 July 2023) (Ruling)
✦ The application is not subjudice and the status quo is granted in terms of prayers d and f.
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Wanderi v Mamboleo t/a Nyamweya Mamboleo Advocates & 7 others (Environment & Land Case 194 of 2018) [2023] KEELC 19168 (KLR) (28 July 2023) (Ruling)
✦ The court finds the application premature as the applicant has been given an opportunity to demonstrate why the notice to show cause should not be executed. The court also holds that arrest and committal to prison in execution of a decree under the Civil Procedure Act and Rules is not unconstitutional as long as all the safeguards provided in law are afforded to the judgment-debtor.
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Mutune (Deceased) & another v Gitonga & another (Environment & Land Case 442 of 2014) [2023] KEELC 19099 (KLR) (28 July 2023) (Ruling)
✦ The court allows the re-opening of the case to admit additional evidence, finding that the information sought to be adduced is not voluminous and that the defendants will have an opportunity to cross-examine the plaintiff.
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Jeremiah’s Creek Limited v Ndungu; Imwati (Interested Party) (Environment & Land Case 103 of 2021) [2023] KEELC 19174 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed as res judicata
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Nyangoto (Suing as a legal representative of the Estate of Reuben Nyangoto Omboga alias Reuben Nyangoto (Dcd) v Samwel & 5 others (Environment & Land Case E012 of 2021) [2023] KEELC 19262 (KLR) (28 July 2023) (Judgment)
✦ The court declared the title deeds issued to the 1st, 2nd, 3rd, and 4th defendants as null and void and ordered their cancellation and rectification of the register.
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Kariuki v Irungu (Environment & Land Case E002 of 2021) [2023] KEELC 19093 (KLR) (28 July 2023) (Judgment)
✦ The Court held that the Letters of Offer were issued for Gathoni Kariuki to hold the land in trust solely for herself and not for the Defendant or any other children of the said Gathoni Kariuki.
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Njau (Legal Representative Ad Litem of the Estate of George Maina Ndung’u - Deceased) & 10 others v Ndung’u & 3 others; New Fortis Savings and Credit Co-operative Society (Formerly Nyeri Teachers Sacco) & 4 others (Interested Parties) (Environment & Land Case E014 of 2022) [2023] KEELC 19098 (KLR) (28 July 2023) (Ruling)
✦ The application for interlocutory injunction is dismissed as the plaintiffs have not shown a clear and unmistakable right that deserves protection by this court.