Kenyan case law
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Njoroge (Suing as Administrator of the Estate of Njoroge Ngugi) & another v Ali (Environment & Land Case E412 of 2022) [2023] KEELC 19102 (KLR) (27 July 2023) (Ruling)
✦ The application is unmerited and the preliminary objection is allowed. The Notice of Motion application dated June 22, 2023 is struck out in its entirety.
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Kinuthia v David Jomo Muigai (a.k.a Dancan Tour Kiama (Jomoo) (Environment & Land Case 415 of 2019) [2023] KEELC 19169 (KLR) (27 July 2023) (Judgment)
✦ The Court finds that Rumba Kinuthia is the legal and equitable owner of the suit properties and grants the permanent injunction sought.
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Sphikas v Seyanoi (Environment & Land Case 420 of 2014) [2023] KEELC 19166 (KLR) (27 July 2023) (Ruling)
✦ The court reinstates the suit unconditionally for hearing
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Kimani v Total Kenya Limited t/a Total Energies Marketing Kenya PLC (Environment & Land Case E009 of 2022) [2023] KEELC 19062 (KLR) (27 July 2023) (Judgment)
✦ The Court finds the Applicant has failed to prove her case on the required standard of balance of probabilities and dismisses her Originating Summons.
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Said v Issack & 3 others (Environment and Land Case Civil Suit 101 of 2022) [2023] KEELC 19217 (KLR) (27 July 2023) (Ruling)
✦ The application was dismissed with costs to the 2nd and 3rd Defendants.
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Njobe & another v Muri (Environment & Land Case E001 of 2021) [2023] KEELC 19070 (KLR) (27 July 2023) (Judgment)
✦ The Plaintiffs have failed to prove their case on the required standard of balance of probabilities and the Originating Summons is dismissed.
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Shah & 5 others v Amir; Chief Land Registrar, Nairobi Central Registry (Interested Party) (Environment & Land Case E114 of 2022) [2023] KEELC 19187 (KLR) (27 July 2023) (Judgment)
✦ The Plaintiffs are declared the legal and rightful owners of the land, and a permanent injunction is issued against the Defendant.
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Osir & another v Mburu & 3 others (Land Case E031 of 2021) [2023] KEELC 19080 (KLR) (27 July 2023) (Judgment)
✦ The court dismisses the Plaintiffs' claim and finds the 3rd Defendant holds a good title to the suit land. The court orders the removal of the caution against the land title, a permanent injunction against the Plaintiffs, and an order of eviction.
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Muchai v Kinuthia (Environment and Land Appeal E017 of 2022) [2023] KEELC 19183 (KLR) (27 July 2023) (Judgment)
✦ The Appellant’s appeal is dismissed, and the trial court’s judgment is upheld.
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Ndegwa & 6 others v Registered Trustees of the Nyahururu Jamia Mosque (Environment and Land Appeal E015 of 2022) [2023] KEELC 22626 (KLR) (27 July 2023) (Ruling)
✦ The court shall determine the issue of costs of the withdrawn appeal.
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Oriango v County Government of Nyamira & 4 others (Environment & Land Case 95 of 2021) [2023] KEELC 18980 (KLR) (27 July 2023) (Ruling)
✦ The court granted a stay of execution and ordered the transfer of 9 hectares of land to the plaintiff, with the title deed to be deposited in court until the appeal is resolved.
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Kinuthia & another v Kassim (Suing as the Personal Representative of the Estate of Mohamed Abdi Ali – Deceased) (Environment & Land Miscellaneous Case E011 of 2023) [2023] KEELC 19109 (KLR) (27 July 2023) (Ruling)
✦ The appeal is allowed with specific terms
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Ngari v Muhidin (Enviromental and Land Originating Summons 95 of 2018) [2023] KEELC 19006 (KLR) (27 July 2023) (Judgment)
✦ Ngari is not entitled to be declared as the proprietor of the land by adverse possession.
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Msechu v Kamau (Environment & Land Case 46 of 2021) [2023] KEELC 19140 (KLR) (27 July 2023) (Ruling)
✦ The application is dismissed for failure to meet the required threshold.
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Kamau v Deliverance Church Registered Trustees & another (Environment & Land Case 12 of 2011) [2023] KEELC 19212 (KLR) (27 July 2023) (Ruling)
✦ The application for extension of time is allowed.
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Mucuku v Kisorio (Environment & Land Case E009 of 2022) [2023] KEELC 19120 (KLR) (27 July 2023) (Judgment)
✦ The court finds that the applicant has proved her claim for adverse possession and is entitled to the reliefs sought.
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Mwandau & 2 others v Challa Hotel Limited (Environment & Land Case 5 of 2023) [2023] KEELC 18994 (KLR) (27 July 2023) (Ruling)
✦ The preliminary objection is unmerited and dismissed with no orders as to costs.
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Yego v Kemei & another (Environment and Land Appeal E004 of 2023) [2023] KEELC 19059 (KLR) (27 July 2023) (Ruling)
✦ The application is dismissed with costs as there is no positive order that can be stayed.
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Curzon v Muthama & 2 others (Environment & Land Case 993 of 2016) [2023] KEELC 19132 (KLR) (27 July 2023) (Ruling)
✦ The orders entered against the 3rd defendant should not be varied and/or set aside
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Owiti v Registrar of Lands, Nairobi & 2 others (Environment & Land Petition 16 of 2022) [2023] KEELC 19305 (KLR) (27 July 2023) (Judgment)
✦ The Petition does not meet the threshold of a Constitution Petition and the Petitioner has not demonstrated how his individual rights and fundamental freedoms were violated, infringed or threatened by the respondents.
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Kuria & 2 others (Suing as Administrators of the Estate of Geoffrey Kuria - Deceased) v Onunda & another; Muigai & 5 others (Interested Parties) (Environment and Land Case Civil Suit 1204 of 2013) [2023] KEELC 19190 (KLR) (27 July 2023) (Judgment)
✦ The Plaintiffs are the lawful owners of the suit property and are entitled to an eviction order and a permanent injunction.
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Tinga Traders Limited & 2 others v Gichana & 4 others (Environment and Land Case Civil Suit E125 of 2023) [2023] KEELC 19155 (KLR) (27 July 2023) (Ruling)
✦ The suit is struck out as a multiplicity of actions on the same subject matter, against the same opponent, on the same issues amounts to an abuse of the court process.
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Ng’ang’a v Wamiti & another (Environment & Land Case 11 of 2020) [2023] KEELC 19177 (KLR) (27 July 2023) (Ruling)
✦ Ng’ang’a was granted leave to be joined and heard in the suit.
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Mathai v Wambua & 2 others (Environment & Land Case 42 of 2018) [2023] KEELC 19178 (KLR) (27 July 2023) (Judgment)
✦ The court holds that the Plaintiff indeed contributed to the purchase of the suit land and the joint registration of the Plaintiff and the 1st Defendant as proprietors of the land was proper.
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Mutula Kilonzo Junior & Kethi D Kilonzo t/a Kilonzo & Company Advocates v Kenya Urban Roads Authority & 2 others (Environment & Land Petition E018 of 2023) [2023] KEELC 19108 (KLR) (27 July 2023) (Ruling)
✦ The court finds that the 1st Respondent is not in violation of the law and denies the Petitioner's application for an injunction.