Kenyan case law
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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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Warui v Wanjohi & another (Environment & Land Case E002 of 2022) [2023] KEELC 19210 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Agape Dayspring Academy v Ndungu (Environment & Land Case 107 of 2021) [2023] KEELC 19258 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed
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Ethics & Anti-Corruption Commission v Kipkemoi & 3 others (Environment & Land Case E089 of 2023) [2023] KEELC 19189 (KLR) (28 July 2023) (Ruling)
✦ The court dismisses the 3rd defendant’s Preliminary Objection and finds that the Plainti’s suit is not time barred. The court also finds that the Plainti’s application meets the threshold for the grant of an order of interlocutory application.
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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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Munyasia v Munyasia & 4 others (Environment & Land Case 7 of 2022) [2023] KEELC 19050 (KLR) (28 July 2023) (Ruling)
✦ The preliminary objection is dismissed as the bar of sub-judice has not been properly invoked and the case is heard and determined.
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Nyabera v Amatta (Environment & Land Case 26 of 2019) [2023] KEELC 19048 (KLR) (28 July 2023) (Judgment)
✦ The plaintiff's suit is dismissed with costs to the defendant.
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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.
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Kinyanjui v Gititu & 10 others (Environment & Land Case 5 of 2022) [2023] KEELC 19151 (KLR) (28 July 2023) (Judgment)
✦ The court finds that the plaintiff has been in adverse possession of the defendant's parcel for over 12 years and grants orders for the plaintiff to be registered as proprietors of the parcel.
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Mubei v Kenya Electricity Transmission Co Limited & 2 others (Environment & Land Case 141 of 2019) [2023] KEELC 19267 (KLR) (28 July 2023) (Ruling)
✦ The court granted a stay of execution pending appeal, requiring the 1st defendant to deposit half the decretal sum in an interest-earning account or provide a bank guarantee of Ksh 15,000,000.
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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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Ernestine (Suing as Co-Administrator of the Estate of Richard Mutunga Mailu) v Malombe & another (Environment & Land Case E003 of 2023) [2023] KEELC 19110 (KLR) (28 July 2023) (Ruling)
✦ The court did not find a prima facie case to establish ownership of the suit land and denied the application for interlocutory injunction.
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Republic v Chief Magistrate Kimilili; Wepukhulu & another (Interested Parties); Wafubwa (Exparte Applicant) (Environment and Land Judicial Review Case E001 of 2022) [2023] KEELC 19153 (KLR) (28 July 2023) (Ruling)
✦ The court orders the Chief Magistrate's Court to issue the proceedings in CMCC E006 of 2022 and directs the Respondent to restore the applicant as the lawful owner of the land and cancel the vesting orders.
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Mwita v Mugo (Sued as the administrator of the Estate of Benjamin Mugo Muita (Deceased) (Environment & Land Case 3 of 2022) [2023] KEELC 19255 (KLR) (28 July 2023) (Judgment)
✦ The court finds that Eunice Mweru Mwita has proved her case on a balance of probabilities and grants a declaration that she is entitled to be registered as the owner of the land. The defendant's title to the land is extinguished.
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Nyamburi v Gathecha (Environment & Land Case 8 of 2022) [2023] KEELC 19112 (KLR) (28 July 2023) (Judgment)
✦ The court finds that the applicant has proved on a balance of probabilities that he has been in possession of the land for more than 12 years, satisfying the conditions for adverse possession. The court grants the applicant's request to be registered as the proprietor of the land.
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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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Manyonge (Suing as the administrator of the Estate of Achi Wepukhulu (Deceased) v Pwoka (Environment and Land Miscellaneous Application E006 of 2023) [2023] KEELC 19264 (KLR) (28 July 2023) (Ruling)
✦ The Court extended the time for the Applicant to appeal and admitted the Applicant's Memorandum of Appeal as duly filed.
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Kariuki & 2 others v Waruingi (Environment and Land Appeal 33 of 2019) [2023] KEELC 19055 (KLR) (28 July 2023) (Judgment)
✦ The Court quashed and set aside the ruling of the Principal Magistrate dismissing the Preliminary Objection.
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Ndungu & another v Njuguna & another (Environment and Land Appeal 26 of 2021) [2023] KEELC 19104 (KLR) (28 July 2023) (Ruling)
✦ The court holds that the matter is not res judicata and sets aside the trial court's ruling, ordering the case to be heard interpartes.
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Sikengei v Wandiema (Environment and Land Appeal E032 of 2022) [2023] KEELC 19269 (KLR) (28 July 2023) (Judgment)
✦ The appeal is dismissed
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Namfundoa v Nabibia (Environment & Land Case 2 of 2020) [2023] KEELC 19256 (KLR) (28 July 2023) (Judgment)
✦ A declaration that the plaintiff has become entitled to be registered owner/proprietor of the land by adverse possession and an order compelling the defendant to transfer the land in favor of the plaintiff.
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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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Sangura v Mwayafu (Environment & Land Case 9 of 2020) [2023] KEELC 19114 (KLR) (28 July 2023) (Ruling)
✦ The court denied the Plaintiff's application for a stay of proceedings.
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Kahiro (Suing as the Legal Administrator of the Estate of Michael Kahiro Macharia) v Land Adjudication and Settlement Officer, Nakuru & 2 others (Environment and Land Judicial Review Case E4 of 2023) [2023] KEELC 19113 (KLR) (28 July 2023) (Judgment)
✦ The court grants judicial review orders of mandamus compelling the 1st and 2nd Respondents to give effect to the June 2011 court order.
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Telkom Kenya Limited v Namunyak Conservancy Ltd & another (Environment & Land Case E008 of 2021) [2023] KEELC 19010 (KLR) (27 July 2023) (Judgment)
✦ A declaration is made that Telkom Kenya Limited has an overriding interest over the portion of the disputed land located at coordinates 0.84955, 37.56236 in Samburu County.