Kenyan case law
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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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Koloi & 4 others v Lokwee & 2 others (Environment & Land Case 10 of 2019) [2023] KEELC 18893 (KLR) (18 July 2023) (Ruling)
✦ The Application is properly opposed.
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Mbugua v Kerre & 2 others (Environment and Land Appeal E004 of 2022) [2023] KEELC 18755 (KLR) (18 July 2023) (Judgment)
✦ The court found that there were two titles for the suit land, one issued to the plaintiff and the other to the defendants. The court concluded that the plaintiff's title was the valid title in view of the existence of a rival title and the provisions of section 32 of the Registered Land Act.
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Bwana v Mamboleo & another (Environment & Land Case 85 of 2021) [2023] KEELC 18859 (KLR) (18 July 2023) (Ruling)
✦ The court dismissed the plaintiff's claims and ordered the intended appeal to be filed within 90 days.
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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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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.
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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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Nkanae & 3 others v Supeyo & another (Both sued as administrators of the Estate of Narau Nkanae (Deceased)) (Environment & Land Case E006 of 2023) [2023] KEELC 18851 (KLR) (18 July 2023) (Ruling)
✦ The application is dismissed with costs, as it offends the doctrine of res judicata and would undermine the functionality of a court of equal status that has already determined the objection.
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Five Eleven Traders and Auctioneers through it's owners Crispus Waithaka v Muses & 2 others (Environment and Land Miscellaneous Application E006 of 2022) [2023] KEELC 19316 (KLR) (18 July 2023) (Ruling)
✦ The court has jurisdiction to investigate respondents for criminal intent, but not to restore status quo ante or issue security and compensation.
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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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Round Square Properties Limited v Winchester Ventures Company Limited & 2 others (Environment and Land Constitutional Petition E014 of 2023) [2023] KEELC 18962 (KLR) (18 July 2023) (Ruling)
✦ The court has jurisdiction to determine the petition and the application for interim reliefs.
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Karingi v National Irrigation Authority & 3 others (Environment & Land Case E023 of 2023) [2023] KEELC 18854 (KLR) (18 July 2023) (Ruling)
✦ The court granted an interim order of status quo maintaining that Veronica Karingi is in occupation of Rice Holding 2277 Thiba Section Unit H18.
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Kamweti & another v Thamia Investments Limited & 4 others (Environment and Land Case Civil Suit 227 of 2009 & Environment & Land Case 246 of 2009 (Consolidated)) [2023] KEELC 18906 (KLR) (18 July 2023) (Judgment)
✦ The court finds that the plaintiff's claim to the land is not protected by the courts due to unlawful acquisition.
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Ndichu & another v Ndungu & another (Environment & Land Case 712 of 2017) [2023] KEELC 19021 (KLR) (18 July 2023) (Judgment)
✦ The court finds that the plaintiffs have discharged their burden of proof to the required standard.
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Chege Kibathi & Co Advocates v Embakasi Ranching Company Limited (Miscellaneous Application E133 of 2022) [2023] KEELC 19032 (KLR) (18 July 2023) (Ruling)
✦ Judgment is entered in favor of the Advocate/Applicant for the taxed costs of Kshs 251,979.00/=
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Kongoy Farm Ltd v Kipsigei & 12 others (Environment & Land Case E30 of 2023) [2023] KEELC 18816 (KLR) (17 July 2023) (Ruling)
✦ The court finds that Kongoy Farm Ltd has not established a prima facie case and that the defendants have a valid title. The court orders that the current status quo on the ground and on the land register shall be maintained pending the hearing and determination of the present suit.
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Nyamboki v The Nairobi City County & 251 others (Environment & Land Case 672 of 2015) [2023] KEELC 18845 (KLR) (17 July 2023) (Judgment)
✦ The Plaintiff is the lawful and legitimate proprietor of the suit property.
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Tuka v Karanja & 3 others (Environment & Land Case 83 of 2015) [2023] KEELC 18862 (KLR) (17 July 2023) (Judgment)
✦ The plaintiff's suit against the defendants succeeds, and the court orders the defendants to compensate the plaintiff for the loss of the suit land.
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Shepherd Catering Limited v Nairobi Holdings Limited & 2 others (Environment & Land Case 359 of 2004) [2023] KEELC 18905 (KLR) (17 July 2023) (Ruling)
✦ The application is partially allowed with costs to the 1st defendant in the counterclaim. The amended statement of defence and counterclaim of the plaintiff in the counterclaim is hereby struck out in so far as it relates to the 2nd and 3rd defendants.
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Kariuki & another v Simple Pay Capital Limited & 2 others (Environment and Land Case Civil Suit E015 of 2023) [2023] KEELC 18988 (KLR) (17 July 2023) (Ruling)
✦ The application is dismissed with costs to the ex-parte applicant/respondents.
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Uwazi Enterprises Limited v Karia & 4 others (Environment and Land Appeal E113 of 2021) [2023] KEELC 19024 (KLR) (17 July 2023) (Ruling)
✦ The court dismissed the application for a stay of execution and for admission of new evidence.
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Mambrui Sea Denus Limited & 2 others v Yeri & 12 others (Petition 16 of 2020) [2023] KEELC 18843 (KLR) (17 July 2023) (Ruling)
✦ The petition does not qualify to warrant certication for empaneling a bench as it does not raise any substantial questions of law.
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Miheso v Kathuri & another (Environment and Land Appeal E007 of 2022) [2023] KEELC 18759 (KLR) (17 July 2023) (Judgment)
✦ The appeal is dismissed. Costs are awarded to the respondents.
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Kagakii v Kimatta & 2 others (Environment and Land Miscellaneous Application E23 of 2023) [2023] KEELC 18708 (KLR) (17 July 2023) (Ruling)
✦ The application is granted, and the lower court judgment and decree are stayed pending the hearing and determination of the appeal. The time for filing the appeal is extended by 30 days, and the applicant is required to file and serve his memorandum of appeal within 30 days.
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Mwangi v Indigo Universe Supply Limited & another (Environment & Land Case E020 of 2023) [2023] KEELC 19164 (KLR) (17 July 2023) (Ruling)
✦ The court finds that the plaintiff has demonstrated a prima facie case and has suffered irreparable loss, thus granting the application for an order of temporary injunction.