Kenyan case law
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Sheikh & another v Mas Constructions Limited & 5 others (Environment & Land Case 1480 of 2014) [2023] KEELC 19163 (KLR) (27 July 2023) (Judgment)
✦ The Plaintiffs' Grant No IR 94707 is valid and takes precedence over the Defendants' title, which was fraudulently procured.
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Mwakavi v Ngovi (Environment & Land Case E001 of 2022) [2023] KEELC 19181 (KLR) (27 July 2023) (Ruling)
✦ A temporary injunction will issue to maintain the status quo pending the arbitral proceedings.
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Cheptoo & 3 others v Rono & 4 others (Environment & Land Case 236 of 2016) [2023] KEELC 19090 (KLR) (27 July 2023) (Ruling)
✦ The notice of withdrawal was not properly filed and signed by all parties, and therefore cannot be set aside.
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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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Choge v Kipchirchir & 4 others (Environment & Land Case 38 'A' of 2021) [2023] KEELC 19203 (KLR) (27 July 2023) (Ruling)
✦ The Applicant's application is dismissed with costs to the Respondent. The Applicant's bond is hereby cancelled. He should voluntarily come to court for punishment or be brought to court under warrant of arrest.
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Omwega v Ogutu & another (Originating Summons 2 of 2023) [2023] KEELC 18972 (KLR) (27 July 2023) (Ruling)
✦ The court dismissed the application for injunction as the applicant failed to demonstrate a prima facie case with a probability of success.
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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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Olal & 4 others v Nairobi City Water and Sewerage Company & 4 others (Environment and Land Constitutional Petition E023 of 2020) [2023] KEELC 19342 (KLR) (27 July 2023) (Judgment)
✦ The petition is dismissed as premature and devoid of merits.
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Giathi v Mwirika (Environment and Land Appeal E020 of 2022) [2023] KEELC 19142 (KLR) (27 July 2023) (Ruling)
✦ The court granted the stay of execution for a period of 2 years or upon determination of the appeal, whichever comes first, with conditions for the appellant to enhance the deposit and provide security.
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M’mboga & another v Kagumba; Autogari Kenya Limited (Intended Interested Party) (Environment and Land Miscellaneous Application E080 of 2022) [2023] KEELC 19284 (KLR) (27 July 2023) (Ruling)
✦ Respondent is found in contempt and sentenced to pay a fine of Ksh 200,000 and serve 6 months imprisonment.
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Gitau & 2 others v Kisorio (Enviromental and Land Originating Summons E007 of 2022) [2023] KEELC 18990 (KLR) (27 July 2023) (Judgment)
✦ The court finds that the Applicants have proved their claim for adverse possession and grants them the necessary reliefs to facilitate their registration as proprietors.
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Waweru (Suing as the Legal Representative of the Estate of the Late Stephen Waweru Njenga) v Mathu & another (Environment and Land Appeal E002 of 2022) [2023] KEELC 19083 (KLR) (27 July 2023) (Judgment)
✦ The Court finds the judgment of the trial court compliant with Order 21 rule 4 of the Civil Procedure Rules and that the Appellant failed to prove her case on a balance of probabilities.
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Kipkulei v Ndibithi Farmers Co. Ltd & 3 others (Environment and Land Case E46 of 2021) [2023] KEELC 19001 (KLR) (27 July 2023) (Judgment)
✦ The suit and counterclaim lack merit and are hereby dismissed with no order as to costs.
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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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Ecoeng Limited v Ominde & another (Environment & Land Case E350 of 2022) [2023] KEELC 19134 (KLR) (27 July 2023) (Ruling)
✦ The court dismissed the application as the service of the summons and hearing notice was proper and the Defendants had the opportunity to cross-examine the process server.
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Bemis Limited v Archiodiocese of Nairobi Registered Trustees & 4 others (Environment & Land Case 252 of 2003) [2023] KEELC 18984 (KLR) (27 July 2023) (Ruling)
✦ The application is not granted due to inordinate delay and the Plaintiff's failure to demonstrate that the evidence could not have been obtained with reasonable diligence.
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Abdalla v Abdalla (Environment & Land Case E031 of 2022) [2023] KEELC 19198 (KLR) (27 July 2023) (Ruling)
✦ Application dismissed with costs
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Mika (Suing as the administrator of the Estate of Michael Ondieki Wamuoso (Deceased) v Ogutu (Environment and Land Appeal 20 of 2020) [2023] KEELC 19208 (KLR) (27 July 2023) (Judgment)
✦ The court found that the Appellant failed to establish a case against the Respondent on a balance of probabilities and dismissed the suit with costs to the Respondent.
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Noorani v Ochieng & another (Environment & Land Case 319 of 2008) [2023] KEELC 19282 (KLR) (27 July 2023) (Ruling)
✦ The application is dismissed with costs to the Plaintiff
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Ndungu & 2 others (Suing as the Chairman, Secretary and Treasurer Representatives of Ambassador of Christ Church) v Kisorio (Enviromental and Land Originating Summons E010 of 2022) [2023] KEELC 18992 (KLR) (27 July 2023) (Judgment)
✦ The court finds that the Applicants have proved their claim for adverse possession and grants them the necessary reliefs to facilitate their registration as proprietors.
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Kamunge & 2 others v Waweru & another (Sued as the Administrators of the Estate of Mary Wanja Waweru) (Environment & Land Case E001 of 2020) [2023] KEELC 19009 (KLR) (27 July 2023) (Judgment)
✦ The court finds in favor of the Plaintiffs on their claim of adverse possession and against the Defendants on their counterclaim.
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Oyugi & another v Okumu & another (Environment & Land Case E011 of 2022) [2023] KEELC 19344 (KLR) (27 July 2023) (Judgment)
✦ The court finds that the Respondent's registration of the land was not fraudulent and that the Applicants are not entitled to the reliefs sought.
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Habour House Limited v Nyakongo t/a Jofah Enterprises (Environment and Land Appeal 28 of 2021) [2023] KEELC 19122 (KLR) (27 July 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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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.