Kenyan case law
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Opany v Odhiambo (Environment and Land Appeal 42 of 2021) [2023] KEELC 18979 (KLR) (25 July 2023) (Ruling)
✦ The court has jurisdiction to entertain the appellant's application for review.
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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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Minazini Enterprises Limited & 2 others v SBM Bank (K) Ltd & another (Environment & Land Case 203 of 2020) [2023] KEELC 19124 (KLR) (25 July 2023) (Ruling)
✦ The court certified the application as urgent and granted a temporary injunction restraining the defendant from disposing of the plaintiffs' land and developments.
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Chege Kibathi & Co. Advocates v Embakasi Ranching Company Limited (Miscellaneous Application E147 of 2022) [2023] KEELC 18966 (KLR) (25 July 2023) (Ruling)
✦ The court enters judgment for the Applicant for the sum of Kshs 465,690.30/=, with interest at 14% per annum from March 16, 2023, until payment in full.
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Hadi & another v Diamond Trust Bank Kenya Limited & 5 others (Environment & Land Case 102 of 2019) [2023] KEELC 19019 (KLR) (25 July 2023) (Ruling)
✦ The court reviews and sets aside the order to close the file, sets down the preliminary objection for hearing, and orders that the costs of the application abide the outcome of the preliminary objection.
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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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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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Muchoki & 3 others v Ndung’u & 2 others (Environment & Land Case E029 of 2023) [2023] KEELC 19281 (KLR) (25 July 2023) (Ruling)
✦ The Plaintiffs' application does not meet the threshold for the grant of a temporary injunction and is hereby dismissed with costs.
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Magany & another v Ouma & 5 others (Environment and Land Appeal 22 of 2021) [2023] KEELC 19220 (KLR) (25 July 2023) (Ruling)
✦ The application is incompetent and struck out as the matter has been escalated to the Court of Appeal which has jurisdiction over the same.
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Chesiyna v Chesiyna & another (Environment and Land Appeal E074 of 2021) [2023] KEELC 19103 (KLR) (25 July 2023) (Ruling)
✦ The application is dismissed with costs to the respondents.
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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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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.
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Muchiri v Wachira; Mhasibu Runda Welfare Association (Interested Party) (Environment & Land Case 55 of 2020) [2023] KEELC 19257 (KLR) (25 July 2023) (Judgment)
✦ Muchiri is the registered owner of the suit lands and is entitled to absolute indefeasible ownership free from interference from third parties.
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Denooyer & another v Ancilotto (Environment & Land Case 11 of 2022) [2023] KEELC 19317 (KLR) (25 July 2023) (Ruling)
✦ The court declines to strike out the suit and directs parties to comply with Order 11 for expeditious hearing.
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Waswa v Arap Samoi & another; Kenya Commercial Bank (Interested Party) (Environment & Land Case 158 of 2017) [2023] KEELC 18953 (KLR) (25 July 2023) (Ruling)
✦ The service of the Notice of Motion dated February 21, 2023 was defective.
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Toner Holdings Limited v Alibhai & another (Environment and Land Appeal E061 of 2021) [2023] KEELC 18967 (KLR) (25 July 2023) (Judgment)
✦ The court ruled that the Magistrate's court erred in awarding interest on the decretal amount.
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Satia v Kemboi & another (Environment & Land Case 14 of 2015) [2023] KEELC 18903 (KLR) (25 July 2023) (Ruling)
✦ The Court found that the Defendants did not provide reasonable grounds to set aside the judgment and denied the application.
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Commission for Human Rights & Justice & another v Zia t/a Ibado Enterprises & 11 others (Environment & Land Petition 16 of 2021) [2023] KEELC 18949 (KLR) (25 July 2023) (Ruling)
✦ The application is struck out with costs
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Kirgotty v Castro; Nairobi City County Assembly Service Board (Intended Interested Party) (Environment & Land Case E010 of 2021) [2023] KEELC 19065 (KLR) (25 July 2023) (Ruling)
✦ The Court denied the Defendant's application to join the proposed Defendants as necessary parties to the suit.
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Achieng v Atinga & 4 others (Environment and Land Appeal 1 of 2023) [2023] KEELC 18976 (KLR) (25 July 2023) (Ruling)
✦ The preliminary objection is upheld, and the instant application is also untenable. The suit is stayed pending the outcome of Migori High Court Succession Cause No 27 of 2018.
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Mwavue & 3 others v Pongah (Environment and Land Appeal E009 of 2023) [2023] KEELC 19123 (KLR) (25 July 2023) (Ruling)
✦ The application is dismissed with costs as the appeal is not arguable and would not render the success of the appeal nugatory
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Said v Juja Coffee Exporters Limited & another (Environment & Land Case 68 of 2022) [2023] KEELC 18894 (KLR) (25 July 2023) (Ruling)
✦ The court dismissed the application to set aside the ex parte injunction order, finding that the trial magistrate did not exercise her discretion properly and did not consider the defendant's reasonable defence.
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Kenya Railways v Namusu Enterprises Ltd & 3 others; Usii (Interested Party) (Environment & Land Case 632 of 2012) [2023] KEELC 18951 (KLR) (25 July 2023) (Judgment)
✦ The court reserved the issue of whether the 2nd defendant was a bona fide purchaser for value without notice.
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Kiambu Coffee Growers Co-operative Union Limited v Attorney General & 3 others; Constituency Development Fund, Gatundu North (Interested Party) (Environment & Land Petition 10 of 2021) [2023] KEELC 19273 (KLR) (25 July 2023) (Judgment)
✦ The court finds that the respondents did not trespass and thus the petitioner is not entitled to mesne profits
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Lila v Gohil (Environment & Land Case 203 of 2018) [2023] KEELC 19008 (KLR) (25 July 2023) (Judgment)
✦ The court finds that the plaintiff holds the property in trust for her brothers-in-law and dismisses the plaintiff's suit.