Kenyan case law
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Villa Greens Limited v Creekview Limited (Environment and Land Appeal E082 of 2022) [2023] KEELC 18866 (KLR) (19 July 2023) (Ruling)
✦ The Court granted the stay of execution pending appeal.
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Ansett v Oraro & 3 others (Environment & Land Case 002 of 2023) [2023] KEELC 19321 (KLR) (19 July 2023) (Ruling)
✦ The 3rd defendant's amended defense and counterclaim, additional documents, and witness statements are struck out and expunged from the court record.
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Onditi & another v Kenya Rural Roads Authority & 2 others; National Land Commission (Interested Party) (Environment & Land Petition E001 of 2023) [2023] KEELC 19058 (KLR) (19 July 2023) (Judgment)
✦ The National Land Commission was wrongly joined in the proceedings. The Kenya Rural Roads Authority is not vicariously liable for the actions of the contractor.
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Ngoba v Mureithi & 5 others (Land Case 15 of 2018) [2023] KEELC 19014 (KLR) (19 July 2023) (Judgment)
✦ The court declares that the plaintiff never donated a Power of Attorney dated 20th December 1990 and that all transactions emanating from the said Power of Attorney are null and void ab initio.
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Ochier & another v Okoth & another (Environment & Land Case E024 of 2022) [2023] KEELC 18879 (KLR) (19 July 2023) (Ruling)
✦ The court granted the temporary injunction.
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Stephen v M'Itonga (Environment & Land Case 46 of 2018) [2023] KEELC 19012 (KLR) (19 July 2023) (Judgment)
✦ The court declares that the plaintiff is entitled to LR No 1691 by virtue of adverse possession. The defendant shall execute the subdivision and transfer forms in favor of the plaintiff within 2 months from the date of the judgment.
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Muchai & another v Kigwe & 3 others (Environment & Land Case 536 of 2017) [2023] KEELC 19022 (KLR) (19 July 2023) (Ruling)
✦ The application is allowed, and the plaintiffs are granted leave to further amend their pleadings.
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Kiiru v Ndapana & another (Both as Personal Representatives and Administrators of the Estate of Ndapana Ole Kiriambu as well as Personal Representatives and Administrators of the Estate of Salome Warigia Ndapana) (Environment & Land Case 1616 of 2007) [2023] KEELC 19011 (KLR) (19 July 2023) (Ruling)
✦ The court extends time for substitution, allowing the suit to proceed.
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Amayi v Kuya (Environment & Land Case E045 of 2021) [2023] KEELC 18836 (KLR) (19 July 2023) (Judgment)
✦ The court found in favor of the Plaintiff, ordering the Defendant to remove the eucalyptus trees and renovate the defects caused by the trees on the Plaintiff's houses.
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Peter & 3 others (Suing as the Officials of the Solidarity Jua Kali Association) v Kenyan Urban Roads Authority (Environment & Land Case E345 of 2021) [2023] KEELC 18867 (KLR) (19 July 2023) (Ruling)
✦ The Court denied the Plaintiffs' application for an interim injunction.
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Yago & 6 others v Omolo (Being the the legal representative of the Estate of Mastinus Nyanjwa Majiwa alias Martin Nyanjwa - Deceased & 4 others (Environment and Land Miscellaneous Application 70 of 2021) [2023] KEELC 18911 (KLR) (19 July 2023) (Judgment)
✦ The court found that the applicants have had uninterrupted, open, continuous actual possession, occupation, and use of the suit land for over 12 years and are entitled to be registered as proprietors of the suit land in place of the 1st defendant.
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Karwenju v Ngenye & another (Environment & Land Case 413 of 2017) [2023] KEELC 18937 (KLR) (19 July 2023) (Judgment)
✦ The court held that the plaintiff did not lawfully acquire the suit property.
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Otieno (Suing as a representative of Kobunga Ranching Group) v Land Adjudication Officer Homa Bay & 2 others; Jokaete Ranching Group & 2 others (Interested Parties) (Environment and Land Constitutional Petition E003 of 2022) [2023] KEELC 18921 (KLR) (19 July 2023) (Judgment)
✦ The petition is unmeritorious and is dismissed.
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Mare v Ponda & 3 others (Environment & Land Case 77 of 2015) [2023] KEELC 18846 (KLR) (19 July 2023) (Judgment)
✦ The court found that the Plainti failed to specifically plead fraud in the plaint and that the burden of proof rests with the Plainti. The Plainti did not provide evidence to support the allegation of fraud.
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Bryant & 47 others v Kaingu & 7 others (Environment & Land Case 222 of 2019 & 141 of 2020 (Consolidated)) [2023] KEELC 18878 (KLR) (19 July 2023) (Ruling)
✦ Application dismissed with costs
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Oron v Kenya National Highways Authority & another (Environment & Land Case 178 of 2016) [2023] KEELC 18876 (KLR) (19 July 2023) (Ruling)
✦ The court grants the application for leave to appeal and orders a stay of further proceedings pending the hearing and determination of the intended appeal.
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Odongo & 3 others v Onyango (Environment and Land Appeal E014 of 2014) [2023] KEELC 18838 (KLR) (19 July 2023) (Ruling)
✦ The application for stay of execution of the judgment in Ndhiwa MCELC/E023/2021 is allowed
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Kalume & 16 others v The Legal Representative of Cassam Suleiman Sumar & Haji Dad Kumberi (Executors of the Estate of Haji Suleiman Sumar Khamisa) & 2 others; Ruda (Intended Defendant) (Environment & Land Case 194 of 2010) [2023] KEELC 18784 (KLR) (19 July 2023) (Ruling)
✦ The plaintiffs' preliminary objection is without merit and is hereby rejected
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Rombo v Ouko & another (Environment & Land Case E003 of 2022) [2023] KEELC 18870 (KLR) (19 July 2023) (Judgment)
✦ The court found in favor of the applicant, ordering the rectification of the register and vesting title in Joseph Otieno Rombo.
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Ithili (Suing as the legal representative of the Estate of Elijah Mithire (Deceased) v John & 12 others (Environment & Land Case E023 of 2022) [2023] KEELC 19016 (KLR) (19 July 2023) (Ruling)
✦ The court dismisses the application to discharge the injunction, finding no reason to do so.
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Kiugi (Suing as the Legal Representative of the Estate of David Kiugi Nchebere - Deceased) v Kimathi (Sued as the Legal Representative of the Estate of M'Magiri Kamurani - Deceased) & 3 others (Environment and Land Appeal E029 of 2023) [2023] KEELC 18899 (KLR) (19 July 2023) (Ruling)
✦ The court granted the appellant's application for stay of execution and temporary injunction, finding that the appeal is arguable and raises meritorious issues of facts and law.
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Mlewa & another v Githinji & 14 others (Petition 18 of 2022) [2023] KEELC 18947 (KLR) (19 July 2023) (Ruling)
✦ The petition is hereby struck out with costs.
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Pamwhite Limited v National Environment Management Authority & another (Environment and Land Appeal E046 of 2022) [2023] KEELC 18783 (KLR) (19 July 2023) (Judgment)
✦ The appeal is dismissed, and the NET decision is upheld.
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Ongombe & 2 others v Mingili (As administrator of the Estate of Mingili Auma) & 2 others (Environment & Land Case 2 of 2018) [2023] KEELC 18936 (KLR) (19 July 2023) (Judgment)
✦ The plaintiffs have acquired a portion of the land by adverse possession and the defendants' interest in the land has been extinguished.
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Mugambi v Deputy County Commissioner North Imenti & 3 others (Environment and Land Appeal E012 of 2022) [2023] KEELC 18948 (KLR) (19 July 2023) (Judgment)
✦ The trial court's judgment is set aside. The appellant's claim is allowed while the 4th respondent's defense and counterclaim, as well as that of the 1st and 3rd respondents, are dismissed with costs.