Kenyan case law
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Njau v Jerotich (Environment & Land Case E005 of 2022) [2023] KEELC 19135 (KLR) (26 July 2023) (Ruling)
✦ The court allows the amendment as long as it is within the limits set out in the authorities and not to circumvent the Notice of Preliminary Objection.
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Mwagi & another v Mchonji & 4 others (Environment & Land Case 48 of 2022) [2023] KEELC 18996 (KLR) (26 July 2023) (Ruling)
✦ The court finds that the plaintiffs are the bona fide joint allottees and are entitled to possess and occupy the land. The court orders the status quo to be maintained until the case is heard and determined.
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Kaloki & 4 others v Makenzie & 2 others (Environment & Land Case 56 of 2017) [2023] KEELC 19064 (KLR) (26 July 2023) (Ruling)
✦ The suit should not be reinstated for hearing as the Plaintiffs failed to seek a hearing date despite the Court's orders.
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Muthengi v Njagi (Environment and Land Appeal 10 of 2017) [2023] KEELC 19029 (KLR) (26 July 2023) (Ruling)
✦ The application is barred by the doctrine of res judicata and is an abuse of process.
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Kasitet & another (Suing as Administrators of the Estate of the Late Joseph Kipkorir Kasitet) v Chelang’a & 6 others; Komora Holdings Limited (Interested Party) (Environment & Land Case 450 of 2015) [2023] KEELC 19091 (KLR) (26 July 2023) (Ruling)
✦ The court allows the application and sets aside the order dismissing the suit for non-attendance, reinstating the suit for hearing. The Plaintiffs are ordered to ensure the case is prosecuted and concluded within 12 months, otherwise it will stand dismissed.
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Roba & 2 others v Huka & 3 others (Environment and Land Appeal E002 of 2023) [2023] KEELC 19293 (KLR) (26 July 2023) (Ruling)
✦ The court granted the interim injunction and granted leave to the appellants to file a further affidavit within 14 days, with the condition that they deposit Kshs 600,000 as security.
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Nduhiu (Deceased) v Nairobi City County & 2 others; Theuri (Applicant) (Environment & Land Case 842 of 2015) [2023] KEELC 19172 (KLR) (26 July 2023) (Ruling)
✦ The court dismisses the application and finds no merit in it.
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Mbaru & 12 others v Wangui; Muhihi & 4 others (Third party) (Environment & Land Case 636 of 2015) [2023] KEELC 19298 (KLR) (26 July 2023) (Ruling)
✦ The defendant's suit against the 2nd third party should be struck out for failure to comply with section 432(2) of the Insolvency Act
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Kagembe v Kamwara (Environment & Land Miscellaneous Case E001 of 2023) [2023] KEELC 18958 (KLR) (26 July 2023) (Ruling)
✦ The preliminary objection is dismissed. The Applicant is entitled to make an application for eviction.
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Muhindi & 4 others v Misoi; Masambu & another (Interested Parties) (Environment & Land Case 12 of 2014) [2023] KEELC 19201 (KLR) (26 July 2023) (Ruling)
✦ The court dismisses the Applicants' application for stay of execution and extension of time to file appeal.
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Akenga v Gekone & another (Environment & Land Case E007 of 2023) [2023] KEELC 19043 (KLR) (26 July 2023) (Ruling)
✦ The court finds the suit res judicata and strikes it out.
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Kirimania v Nguthari (Miscellaneous Application 18 of 2023) [2023] KEELC 19234 (KLR) (26 July 2023) (Ruling)
✦ The court denied the application for stay of execution and leave to appeal.
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Ole Kariankei v Ole Nkoitiko (Environment and Land Appeal E009 of 2022) [2023] KEELC 19034 (KLR) (26 July 2023) (Judgment)
✦ The judgment of the learned magistrate in Narok CM ELC No 59 of 2018 is set aside.
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Kamundi v Mbare & another (Environment and Land Appeal E002 of 2022) [2023] KEELC 19041 (KLR) (26 July 2023) (Ruling)
✦ Appellant's application for stay of execution is granted
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Chebril (Suing as the administrator of the Estate of Asha Jabril Mohammed - Deceased) v Mburugu & 6 others (Environment & Land Case 001 of 2021) [2023] KEELC 19294 (KLR) (26 July 2023) (Ruling)
✦ The court denied the applications to introduce new evidence and expert reports, and dismissed the cases.
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Mohamed v Board of Management Pentrose Community School & another (Environment & Land Case 26 of 2019) [2023] KEELC 19133 (KLR) (26 July 2023) (Judgment)
✦ The court ordered the defendants to cease their illegal activities and restore the plaintiff's property to its original state.
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Lakhani v Waweru (Environment & Land Case 686 of 2011) [2023] KEELC 19299 (KLR) (26 July 2023) (Judgment)
✦ The Plaintiff is entitled to rescind the sale agreement due to the Defendant's failure to perform his obligations within the stipulated time. The Plaintiff is also entitled to the refund of the 10% deposit and vacant possession. The Defendant is not entitled to the prayers sought in the counterclaim.
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Mugeu v Smep Microfinance Bank & 2 others (Environment & Land Case E004 of 2022) [2023] KEELC 19036 (KLR) (26 July 2023) (Ruling)
✦ The court has jurisdiction over the matter and the orders sought should be granted.
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Makau v Kakua & 8 others (Environment & Land Case 104 of 2021) [2023] KEELC 19238 (KLR) (26 July 2023) (Judgment)
✦ The court found that the plaintiff is the bona fide owner of the suit property and entitled to a permanent injunction, orders of vacant possession, and damages or profits.
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Ngewa Community Centre Through its Officials Richard Kangethe Karanja and Simon Kinyanjui v Presbyterian Foundation & 2 others (Environment and Land Case 767 of 2002) [2023] KEELC 19171 (KLR) (26 July 2023) (Judgment)
✦ Ngewa Community Centre and Richard Kangethe Karanja are the registered and legal owners of LR Githunguri/Nyaga/529 and the parcels 1213, 1214, 1215, and 1216.
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Ndatho v Gitonga & 3 others (Environment and Land Constitutional Petition E002 of 2022) [2023] KEELC 18959 (KLR) (26 July 2023) (Ruling)
✦ The notice of motion dated December 16, 2022 is dismissed. The conservatory orders sought by the petitioner are not granted.
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Mwihandi & another (Legal representative of Estate of Baingentu (alias) Joses Mwihandi) v Murianki (Environment & Land Miscellaneous Case E007 of 2023) [2023] KEELC 19035 (KLR) (26 July 2023) (Ruling)
✦ The court does not have jurisdiction to extend time to appeal under Section 8(1) of the Land Disputes Tribunal Act. The court cannot exercise its discretionary powers to donate jurisdiction where it does not exist and where it has not been donated by the constitution or statute.
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Kemei & another v Kiobe (Environment and Land Appeal 14 of 2022) [2023] KEELC 19207 (KLR) (26 July 2023) (Judgment)
✦ The trial magistrate erred in holding that the suit was res judicata, and the appeal is allowed.
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Mudogo v Khasandi & another (Environment and Land Appeal 7 of 2023) [2023] KEELC 19105 (KLR) (26 July 2023) (Ruling)
✦ The court finds that the applicant has not satisfied the criteria for grant of an order for stay of execution pending appeal and cannot issue stay of execution orders against a negative order.
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Bandari v County Government of Kilifi & 3 others (Environment & Land Petition 22 of 2020) [2023] KEELC 19141 (KLR) (26 July 2023) (Judgment)
✦ Petition dismissed with costs