Kenyan case law
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Joshua Ngatu v Jane Mpinda, Rehema Raibuni, Mary Alima Raibuni & Salpro Kenya Ltd (Environment & Land Case 15 of 2018) [2019] KEELC 803 (KLR) (13 November 2019) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondents
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Esther Kamathi Mwimbi (Suing as the administratrix of the estate of Romano Mwimbi) v Zaverio Mithika [2019] KEELC 804 (KLR)
✦ A permanent injunction is issued restraining the defendant from entering onto and interfering with the plaintiff's possession of land parcel No. 1249.
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Peter Sakala & 4 others (Suing as members and trustees of and on behalf of members of Ex – Ranching Employees Self-Help Group) v Embakasi Ranching Company Limited & 2 others [2019] KEELC 476 (KLR)
✦ The court declines to grant the orders sought in the application dated 23/07/2019
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Daniel Kimase Kipsoi v Protus Kiplagat Cheruiyot & 3 others [2019] KEELC 866 (KLR)
✦ The court denied the Plaintiff's application for a temporary injunction.
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Njiru Micheni Nthiga (Suing as a legal representative and Administrator of the Estate of the Deceased Leonard R.I. Nthiga) v Governor, Tharaka Nithi County Government & 5 others [2019] KEELC 919 (KLR)
✦ The court finds that the court has jurisdiction to entertain the suit and dismisses the preliminary objection.
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Andrew Kaluma & 3 others v District Land Adj. & Settlement Officer, Igembe South District & 2 others; Rikiau Adjudication Section Thro it’s Official Isaiah Ntomburam Kairiama (Chairman) & 4 others (Interested Parties); Ntarangui Isaac & 3 others [2019] KEELC 848 (KLR)
✦ The consent judgment cannot be set aside and the applicants should not be joined as interested parties in the suit.
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Barua Gituma & 6 others v National Land Commission & 3 other ; Mugao Njagi (Interested Parties)& 132 others [2019] KEELC 805 (KLR)
✦ The court upholds the decisions of the District Land Adjudication Officer
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Republic v National Land Commission; Gatamaiyu Trading Co. Limited(Interested Party); Ex-Parte Applicant; Nyakinyua Mugumo Kiambaa Company Limited [2019] KEELC 337 (KLR)
✦ The Respondent's decision is quashed, and the Ex parte Applicant is awarded the costs.
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Johnson Mwero & 5 others v Office of the Public Trustee & 2 others [2019] KEELC 783 (KLR)
✦ The 2nd respondent is permanently restrained from interfering with the suit land, making any developments, or dealing with it. The two persons are enjoined as 2nd and 3rd interested parties.
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Ciomatau M’imula v Christine Muthoni Kiramunya [2019] KEELC 846 (KLR)
✦ The application is allowed with the following terms: the memorandum of appeal is to be filed and served within 30 days from today, the time is extended accordingly, the order for extension of time shall lapse if there is non-compliance with clause 1 herein, costs in the cause, and the file is marked as closed.
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Attorney General v Isaiah Muturi Mucee [2019] KEELC 906 (KLR)
✦ The respondent's actions do not constitute a threat to public interest and do not infringe on the petitioner's right to land and education.
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Lawrence Kinyua Mwai v Patrick Mworia [2019] KEELC 864 (KLR)
✦ The application is unmeritorious and is hereby dismissed with no orders as to costs.
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Ephraim Godeka Lugalia v Johnstone Onyino & 5 others [2019] KEELC 755 (KLR)
✦ The court found that the plaintiff's title to the land was not extinguished by operation of the law, and the defendants are not trespassers.
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Joyce Eseri Misiko v Martin Barasa & 11 others [2019] KEELC 821 (KLR)
✦ The court denied the defendants' application to review the judgment and grant leave to come on record.
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Nyamokia Ndiege & another v Wislon Mochengo Nyambane [2019] KEELC 600 (KLR)
✦ The application is dismissed with costs to the defendant.
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Rwanyange Resident Self Help Group (suing thro’ Charles Kariuki, Nick Mutiga, its Chairman and Secretary respectively v Tana Water Services Board & 3 others [2019] KEELC 859 (KLR)
✦ The petition is marked as spent, the earlier injunction is discharged, and the respondents are ordered to pay the petitioners' costs. The validity of the EIA license and study report will be challenged through the formal mechanism under the Environment Management and Coordination Act (EMCA).
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David Kimengere Waititu & 3 others v Angela Wairimu Gethi &another; [2019] KEELC 909 (KLR)
✦ The court finds in favor of the plaintiffs, confirming their ownership of the disputed land and ordering the defendants to vacate the land.
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Swisscom Logistics Limited v Paul Nakachii Ereng [2019] KEELC 849 (KLR)
✦ The court declares the plaintiff as the lawful, legal, absolute, and registered owner of the suit properties and restrains the defendant from interfering with the plaintiff's possession.
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Daniel Ntoitha Mwereria v Isaac Mukaria Mwereria [2019] KEELC 917 (KLR)
✦ The appeal succeeds. The lower court judgment and decree are hereby set aside. Any orders of inhibition or injunction that may have subsisted in respect of the suit land are hereby discharged.
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Republic v Director of Land Adjudication and Settlement & another; Japhet Miriti Thilange (Interested Party) Exparte Fredrick Simon Mburunga & another [2019] KEELC 913 (KLR)
✦ The respondent acted ultra vires by reviewing a decision of an officer of concurrent jurisdiction.
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Robert Mbugua Ndachi & another v Joseph Ndungu Njenga & 3 others [2019] KEELC 412 (KLR)
✦ The application is allowed, and costs shall be in the cause.
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Said Ali Mwaleso v Abdalla Ali Mwangao & another [2019] KEELC 778 (KLR)
✦ The suit is not res judicata as the previous awards were declared null and void.
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Ngorika Farmers Co-operative Ltd v John Kiarie, Peter Maina Kimani & another [2019] KEELC 873 (KLR)
✦ The Plaintiff's suit is dismissed with costs to the Defendants.
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Republic v Chairman Ikolomani Division Land Tribunal; Dismas Kajilwa Kavogi(Interested Party); Exparte Applicants:Charles Mudeshi Litoro & another [2019] KEELC 926 (KLR)
✦ The court finds that the tribunal lacked jurisdiction to entertain the claim relating to title to land and acted ultra vires its powers.
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Joseph M’Mugambi v Isaiah Mbaabu & another [2019] KEELC 875 (KLR)
✦ The application is allowed on the condition that the memorandum of appeal is filed and served within 14 days from the date of the ruling, and the applicant is condemned to pay costs.