Kenyan case law
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Njuguna & another (Suing as the legal representative of the Estate of the Late Njuguna Mwaura Mbogo) v EK Banks Limited (Environment & Land Case 152 of 2018) [2023] KEELC 19259 (KLR) (26 July 2023) (Ruling)
✦ The application is dismissed without merit, and the defendant is ordered to restore the suit property to the plaintiff pending the hearing and determination of the suit.
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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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Curly Wurly Limited & 3 others v Kenya Ports Authority & another (Environment & Land Case 200 of 2021) [2023] KEELC 19007 (KLR) (26 July 2023) (Ruling)
✦ The court grants the application and orders the suit to be heard in Mombasa
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Republic v District Land Adjudication and Settlement Officer Igamba Ng’ombe Sub-County & 3 others; Riungu (Interested Party); Gitonga & another (Exparte Applicants) (Judicial Review E009 of 2022) [2023] KEELC 18955 (KLR) (26 July 2023) (Judgment)
✦ The court held that the respondents were under a duty to ensure that their action was lawful, reasonable, and procedurally fair. The Assistant County Commissioner who heard the appeal was delegated the power by the minister, and there is no evidence that he was not the one who heard the appeal.
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Kililo v Mwachugha (Environment and Land Appeal E037 of 2022) [2023] KEELC 19003 (KLR) (26 July 2023) (Judgment)
✦ The appellant's title is questionable and respondent has proved his case on a balance of probabilities.
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Njenga v Africa Reit Limited & 3 others (Environment & Land Case 1544 of 2013) [2023] KEELC 19301 (KLR) (26 July 2023) (Judgment)
✦ The court found that the 2nd Defendant had capacity to contract and that the assignment agreement was not invalidated by the revocation of the Power of Attorney. The court also found that there was privity of contract between the plaintiff and the 1st Defendant, and the plaintiff was entitled to the reliefs sought.
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Kitua v Syokimau Bright Homes Ltd; Munguti & another (Applicant) (Environment and Land Miscellaneous Application E055 of 2021) [2023] KEELC 19237 (KLR) (26 July 2023) (Ruling)
✦ The preliminary objection is dismissed as it is not a proper preliminary objection.
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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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Omboya v Zumzum Investments Ltd & 2 others; Omondi (Interested Party) (Environment & Land Case 230 of 2013) [2023] KEELC 19004 (KLR) (25 July 2023) (Judgment)
✦ The court dismisses the Plaintiff's suit and orders the 3rd Defendant to pay costs.
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Cancer Investments Limited v Nairobi City County Government & 4 others (Environment & Land Case 81 of 2019) [2023] KEELC 19307 (KLR) (25 July 2023) (Ruling)
✦ The Application is dismissed with costs to the Defendants/Respondents.
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Teya v County Government of Nyamira & 2 others (Environment & Land Petition E008 of 2022) [2023] KEELC 18983 (KLR) (25 July 2023) (Ruling)
✦ The petition is struck out due to the unsigned pleadings and the court finds the land belongs to Sitima Teya and Andrew Marunga.
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Njogu & 8 others v Thuo Investments Company Limited (Environment & Land Case 42B of 2022) [2023] KEELC 19115 (KLR) (25 July 2023) (Ruling)
✦ The Court allows the application on terms, reinstating the suit for hearing and ordering throw away costs in favor of the Defendant.
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Odhiambo v Mfangano Division Assistant County Commissioner & another; Otindo (Interested Party) (Judicial Review 1 of 2022) [2023] KEELC 19088 (KLR) (25 July 2023) (Ruling)
✦ The application is not merited as there is no evidence of wilful disregard of the court order.
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Mochama v Machogu (Environment & Land Case 72 of 2013) [2023] KEELC 18971 (KLR) (25 July 2023) (Judgment)
✦ The court dismissed the plaintiff's suit and ordered the defendant to vacate the disputed land, with costs awarded to the defendant.
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Achoki v Nyaroo (Environment and Land Appeal E013 of 2022) [2023] KEELC 18978 (KLR) (25 July 2023) (Judgment)
✦ The Appellant's appeal is successful, and the lower court's judgment is set aside. The Appellant is declared the owner of LR. No. West Mugirango/Siamani/3032 in trust for the Estate of the late Kiaombe Omanwa Ogoi. The Respondent is evicted from LR. No. West Mugirango/Siamani/3032.
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Republic v Attorney General & another; Mbai (Exparte Applicant); Maundu (Interested Party) (Judicial Review 4 of 2021) [2023] KEELC 19286 (KLR) (25 July 2023) (Judgment)
✦ The court finds that the 2nd Respondent's decision was procedurally unfair and violates Article 47 of the Constitution, and grants the orders of mandamus and certiorari.
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Kenya Railways Corporation v Kuinet Hardware Limited & 5 others; Oriental Commercial Bank Ltd (Interested Party) (Environment & Land Case 663A of 2012) [2023] KEELC 18896 (KLR) (25 July 2023) (Judgment)
✦ The court finds that the allocation and registration of the lease in favor of the 1st defendant, subsequent transfer and registration of the lease in favor of the 2nd and 3rd defendants, is illegal, null and void.
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Said & 5 others v Taib Investment Limited (Environment and Land Miscellaneous Application 65 of 2022) [2023] KEELC 19160 (KLR) (25 July 2023) (Ruling)
✦ The Taxing Master's decision on bill of costs and assessment of VAT and party and party items were set aside, and the bill of costs dated February 28, 2022, shall be remitted to another Taxing Master for re-taxation.
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Ambwere T.S & Associates Advocates v Karama & another (Environment and Land Miscellaneous Application E020 of 2023) [2023] KEELC 18985 (KLR) (25 July 2023) (Ruling)
✦ Application dismissed with costs
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Amboseli Court Limited v Thimbui (Environment and Land Appeal 5 of 2023) [2023] KEELC 19288 (KLR) (25 July 2023) (Ruling)
✦ The court finds the application incompetent ab initio and strikes it out with costs.
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Nzeva & 2 others v Songolo (Environment and Land Appeal 6 of 2022) [2023] KEELC 19154 (KLR) (25 July 2023) (Ruling)
✦ The court allowed the amendment of the memorandum of appeal and struck out the Respondent's replying affidavit.
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Kimotho & 2 others (Suing on behalf of the Estate of Margaret Njeri Kimotho) v Waiganjo (Suing as a legal representative of Wachu Waiganjo) & 2 others (Environment & Land Case 669 of 2017) [2023] KEELC 19276 (KLR) (25 July 2023) (Ruling)
✦ The application is dismissed.
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Bartingei v Wekesa & another (Environment & Land Case 588 of 2012) [2023] KEELC 18907 (KLR) (25 July 2023) (Ruling)
✦ The court denied the application as the applicant failed to demonstrate substantial loss and the application was not filed promptly.
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Onunga v Attorney General & 2 others (Environment & Land Petition 55 of 2021) [2023] KEELC 19068 (KLR) (25 July 2023) (Ruling)
✦ The preliminary objection is merited and the petition is struck out with no orders as to costs.
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Wasike v Khisa & 5 others (Environment & Land Case 33 of 2014) [2023] KEELC 19040 (KLR) (25 July 2023) (Judgment)
✦ The defendants do not have rights over the suit property as the necessary consent was not obtained for the sale of the land. The transactions are therefore void.