Kenyan case law
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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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Giriama Ranching Company Limited v Maalim & another; Shikari & 4 others (Respondent) (Environment & Land Case 2 of 2022) [2023] KEELC 19013 (KLR) (19 July 2023) (Ruling)
✦ The court directs the Respondents to be summoned for cross-examination regarding the payment of Kshs. 2,565,000/= as rent for nine months and whether a unilateral decision was made to terminate the lease agreement.
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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.
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Mwenye & 5 others v Tsama & 3 others (Civil Suit 136 of 2020) [2023] KEELC 19197 (KLR) (19 July 2023) (Ruling)
✦ The Court sets aside the dismissal of the suit and reinstates it, and orders the Plaintiffs to pay costs to the Defendants.
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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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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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Muthemba v Gachara (Environment & Land Case 266 of 2016) [2023] KEELC 18868 (KLR) (19 July 2023) (Judgment)
✦ The court found that the Plaintiff is the legal owner of Plot No I 162.
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Muga v Muga (Environment and Land Miscellaneous Application E002 of 2023) [2023] KEELC 18839 (KLR) (19 July 2023) (Ruling)
✦ The application is dismissed as the applicant has failed to demonstrate good and sufficient cause for not filing the appeal within the prescribed time.
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Owino v Birithia & another (Environment and Land Case 225 of 2012) [2023] KEELC 19314 (KLR) (19 July 2023) (Judgment)
✦ The Plainti is entitled to costs of the suit and the Counter Claim to be borne by the 1st Defendant.
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Hilda Mukwanyaga Mathio M’Iberi t/a Meru Junior Primary School v Kathendu & another (Environment & Land Case E011 of 2023) [2023] KEELC 18904 (KLR) (19 July 2023) (Ruling)
✦ The court granted the application for a temporary injunction and inhibition order.
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Laban v Kirimi (Environment and Land Appeal 9 of 2018) [2023] KEELC 18952 (KLR) (19 July 2023) (Judgment)
✦ The appeal is dismissed, and the interim injunction shall remain in force for only six months on condition that the appellant shows proof of compliance with payments of Kshs.300,000/=
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Nthurima & 2 others v Mwangi & another (Environment and Land Appeal E024 of 2023) [2023] KEELC 18898 (KLR) (19 July 2023) (Ruling)
✦ The application is dismissed with costs.
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Kimiriny v Land Registrar, Narok County; Leperes (Interested Party) (Environment and Land Judicial Review Case E001 of 2023) [2023] KEELC 18752 (KLR) (18 July 2023) (Judgment)
✦ The court issues an order of mandamus compelling the respondent to hear and determine the land boundary dispute between the parties.
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Kanyi v Managing Director, Nawasco & 4 others (Environment and Land Miscellaneous Application E006 of 2023) [2023] KEELC 19233 (KLR) (18 July 2023) (Ruling)
✦ The court dismisses the application dated April 6, 2023 with costs to the 2nd to 5th Respondents
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Semo v Owidhi & another (Environment and Land Appeal E014 of 2022) [2023] KEELC 18753 (KLR) (18 July 2023) (Ruling)
✦ The application is dismissed
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Iluluwe Development Limited v Omondi (Environment and Land Appeal E071 of 2021) [2023] KEELC 18974 (KLR) (18 July 2023) (Judgment)
✦ The Appellant is not entitled to a refund of the purchase price for Plot A080 and is not liable for the Respondent's loss of bargain.
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Mbala & 22 others v Makau & 2 others (Environment & Land Case 23 of 2021) [2023] KEELC 19060 (KLR) (18 July 2023) (Judgment)
✦ The court found that the Applicants have not established their right through adverse possession to be registered as owners of the suit land.
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Kathoka v Kasyula & another (Environment & Land Case E001 of 2022) [2023] KEELC 18961 (KLR) (18 July 2023) (Judgment)
✦ The court found that the applicant's claim does not meet the threshold for adverse possession.
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Maroo v Gituto (Miscellaneous Case E014 of 2023) [2023] KEELC 18865 (KLR) (18 July 2023) (Ruling)
✦ The application for leave to appeal is dismissed as the right of appeal is automatic and the plaintiff has not provided a reason for the delay in filing the appeal.
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Kimani v Kiurire & another (Environment & Land Case E021 of 2022) [2023] KEELC 18901 (KLR) (18 July 2023) (Judgment)
✦ The Court held that the transfer of the land parcel was illegal due to the doctrine of lis pendens and thus the 2nd Defendant's title should be cancelled and the decree in Murang’a ELC Case No. 42 of 2020 should be effected by registering the Plaintiff as the owner of the land.
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Chui & another v Maina & 2 others (Environment & Land Case E024 of 2021) [2023] KEELC 18940 (KLR) (18 July 2023) (Judgment)
✦ The appeal is dismissed with costs.
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Onyango v Ochieno (Environment & Land Case E008 of 2022) [2023] KEELC 18938 (KLR) (18 July 2023) (Ruling)
✦ The plainti's suit is struck out with costs.
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Mutugi (Suing as the Legal Representative of Mutugi Kimara - Deceased) & another v Kimara (Environment & Land Case E028 of 2022) [2023] KEELC 18748 (KLR) (18 July 2023) (Ruling)
✦ The court finds the suit res judicata and strikes it out in its entirety.
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Ororo v Wabwire (Environment & Land Case 7 of 2016) [2023] KEELC 18934 (KLR) (18 July 2023) (Judgment)
✦ Ororo has acquired the land parcel No Bukhayo/Bugengi/3836 by way of adverse possession and the defendant's interest in the land parcel No Bukhayo/Bugengi/3836 has been extinguished.