Kenyan case law
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Kivure (Suing on their behalf and on behalf of 4201 members of Kishamba B Group Ranch) & 8 others v Mwakina & 2 others (Sued as defunct chairman, Secretary and treasurer respectively of the Executive Committee of Kishamba B Group Ranch) & 27 others; County Government of Taita Taveta & 14 others (Interested Parties) (Civil Suit 74 of 2019 & Environment and Land Case Civil Suit 116 of 2015 (Consolidated)) [2023] KEELC 21612 (KLR) (31 October 2023) (Ruling)
✦ The court ruled that the Notice of Change of Advocates should not be struck out and that the authorized representatives and/or advocates for the 1st Defendant remain to be determined.
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Ochunga v Odaba; Jarden (Interested Party) (Environment & Land Case 92 of 2013) [2023] KEELC 21217 (KLR) (31 October 2023) (Judgment)
✦ The court found in favor of the Plainti and dismissed the Defendant's claims.
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Tireito v Lagat & 2 others (Environment & Land Case 441 of 2012) [2023] KEELC 21114 (KLR) (31 October 2023) (Ruling)
✦ The application is dismissed as the applicant has failed to meet the threshold for stay pending appeal
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Nyaberi v Okiambe & another (Miscellaneous Case E004 of 2023) [2023] KEELC 22597 (KLR) (31 October 2023) (Ruling)
✦ The application for leave to file an appeal out of time is dismissed due to the inordinate delay and the fact that the plaintiff knew about the order in court as early as February 2023.
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Adero & another (Suing in their Capacity as the Legal Representatives of the Estate of Pamela Akumu Obong’o - Deceased) v Oduor & another (Environment & Land Case 402 of 2017) [2023] KEELC 21297 (KLR) (31 October 2023) (Judgment)
✦ The court held that the suit property was not matrimonial property and the transfer was valid.
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Nabasenge t/a Kutto & Kaira Nabasenge Advocates v Sum (Environment and Land Miscellaneous Application E015 of 2023) [2023] KEELC 21119 (KLR) (31 October 2023) (Ruling)
✦ The court upheld the decision of the Taxing Master and denied the application.
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Burudi & 4 others v Mkimbo; Mzungu Samson Tumbo t/a Sparknet Auctioneers Services (Applicant) (Environment & Land Case 252 of 2017) [2023] KEELC 21169 (KLR) (31 October 2023) (Ruling)
✦ The court grants the auctioneer's application for security but denies enforcement of demolition and fencing orders.
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Waithaka & 2 others v Waithaka; Kariithi (Interested Party) (Environment & Land Case E173 of 2023) [2023] KEELC 21381 (KLR) (31 October 2023) (Ruling)
✦ The application is dismissed as the plaintiffs lack locus standi and the matter is res judicata.
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Waweru & another v Maombi Water Services Limited (Environment & Land Case 337 of 2013) [2023] KEELC 21127 (KLR) (31 October 2023) (Ruling)
✦ The application for a stay of execution pending appeal is allowed
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Shiramba v Sakayo & another (Environment & Land Case 87 of 2018) [2023] KEELC 21161 (KLR) (31 October 2023) (Judgment)
✦ The plaintiff's claim for adverse possession is dismissed. The plaintiff is ordered to vacate the suit property within 90 days from the date of delivery of this judgment. A permanent injunction is issued to restrain the plaintiff from dealing with the suit property.
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Muturi v Njoroge (Environment and Land Appeal E019 of 2021) [2023] KEELC 21390 (KLR) (31 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent
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Ethics Anti-Corruption Commission v Mutua (as Administrator Ad Litem of Peter Kasyoka Mutua - Deceased) & 2 others (Environment & Land Case E086 of 2022) [2023] KEELC 21256 (KLR) (31 October 2023) (Ruling)
✦ The Plainti has demonstrated a prima facie case and irreparable injury will be occasioned if the order of temporary injunction is not granted.
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Mubiro Limited v Waweru & 7 others (Environment & Land Case 6 of 2023) [2023] KEELC 21140 (KLR) (30 October 2023) (Ruling)
✦ The notice of motion is allowed, and the suit is to be concluded within one year.
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Togom v Ngeny & another (Environment & Land Case 31 of 2006) [2023] KEELC 21103 (KLR) (30 October 2023) (Judgment)
✦ The court finds the plaintiff's registration unlawful, null, and void, and orders the cancellation of the registration.
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Butt v Wachira & 8 others; Mamo & 8 others (Interested Parties) (Environment & Land Case 4 of 2023) [2023] KEELC 21417 (KLR) (30 October 2023) (Ruling)
✦ The court did not make a holding on the application for review of the decree.
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Yego v Kibiwott & another (Environment and Land Appeal 11 of 2022) [2023] KEELC 21164 (KLR) (30 October 2023) (Judgment)
✦ The learned trial magistrate's order was not supported by the facts of the case, and the order dismissing the appellant's suit is set aside
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Katula & another (Suing as legal representatives and administrators of the Estate of Stephen Katula Muyendi) v Musambayi (Being sued on his own behalf and on behalf of 41 others) (Environment & Land Case 209 of 2017) [2023] KEELC 21147 (KLR) (30 October 2023) (Ruling)
✦ The Court finds the Notice of Motion Application merited and allows it but makes no order as to costs.
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Nkirote v Land Registrar Meru County & 12 others; Mworia (Applicant) (Environment & Land Case E017 of 2021) [2023] KEELC 21134 (KLR) (30 October 2023) (Ruling)
✦ The court allows the applicant to join the suit and replaces the deceased defendant.
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Nga’ng’a & 12 others v County Government of Kiambu & 3 others (Environment & Land Case E011 of 2022) [2023] KEELC 21712 (KLR) (30 October 2023) (Ruling)
✦ The court found the suit incompetent and struck out the suit and the application for injunctive relief.
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Mediheal Hospital and Fertility Centre Limited v County Government of Nandi & 5 others; Tek (Suing as Administrator of the Estate of Peter Kipserem Tek) & another (Interested Parties) (Environment & Land Petition 5 of 2021) [2023] KEELC 21198 (KLR) (30 October 2023) (Ruling)
✦ The orders sought to be stayed are the Court's findings in respect of the Interested Parties' interests in the suit properties, which are not capable of execution. The Court issues an order of status quo on the ground and on the register of parcels number Kapsabet/Municipality/292 and Kapsabet Municipality/295.
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Abwoga v Sdandi & 2 others (Environment & Land Case 170 of 2016) [2023] KEELC 21218 (KLR) (30 October 2023) (Ruling)
✦ The Deputy Registrar should be authorized to sign the transfer documents in respect to the land parcel No Samia/Luanda/Mudoma/4855.
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Utuqa & 2 others (Suing on Behalf of Alansar Muslim Group) v Chairman (Sued on Behalf of Ramadhan Primary School) (Environment & Land Case E020 of 2021) [2023] KEELC 21055 (KLR) (30 October 2023) (Ruling)
✦ The court granted the plaintiffs' prayers 3, 4, and 5, and ordered the defendant to preserve the status quo pending the hearing and determination of the suit.
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Makau & 25 others v Noor; Mohamed & another (Intended Interested Party) (Environment & Land Case 11 of 2022) [2023] KEELC 21245 (KLR) (30 October 2023) (Ruling)
✦ The Plaintiffs' application is dismissed as it was defective and non-starter.
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Nazamdin (Suing as the legal representative of Nazamdin Gulam Kadir) v Chief Land Registrar & 5 others (Environment and Land Appeal 1 of 2022) [2023] KEELC 21455 (KLR) (30 October 2023) (Judgment)
✦ The court dismissed the appeal and upheld the trial court's judgment that the Appellant could not claim ownership of the suit land.
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Obel v Kirui (Environment and Land Case E009 of 2021) [2023] KEELC 21171 (KLR) (30 October 2023) (Judgment)
✦ The court found in favor of Obel, declaring that Kirui's interest in the land had been extinguished by Obel's claim for adverse possession and ordering the Land Registrar to register Obel as the owner of the land.