Kenyan case law
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Joseph & another v Ndoro (Suing as the Legal Representative of the Estate of Dr. A.N Njuguna Ndoro - Deceased) & another (Environment and Land Appeal 3 of 2022) [2023] KEELC 20982 (KLR) (26 October 2023) (Judgment)
✦ The learned trial magistrate did not err in law or fact in holding that the 1st respondent was the owner of plot numbers 239, 240, and 241 Bahati Trading Center.
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Thagishu (Suing a Legal Representative of the Estate of Dominic Thagishu Karari) v Wanjiru (Sued as the Administrator of the Estate of Francis Mbugua Njoroge) & another (Environment and Land Case Civil Suit 524 of 2002) [2023] KEELC 21154 (KLR) (26 October 2023) (Judgment)
✦ The court declares that the Estate of Dominic Thagishu Karari is the absolute owner of land parcel no. Dagoretti/Riruta/4809 and orders the defendants to vacate the land within 45 days.
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Odwar & 2 others (Suing for themselves and on behalf of the 92 Allottees from Thessalia and Jaber Informal Settlement Schemes) v Ministry of Land & Physical Planning & 2 others (Environment & Land Case E050 of 2021) [2023] KEELC 21148 (KLR) (26 October 2023) (Judgment)
✦ The court finds that the Plaintiffs are the legitimate owners of the suit plots and have been denied occupation. The court orders the Defendants to ensure that the Plaintiffs get vacant possession of their plots and compensates them for the market value of their land.
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Owuor v Ondiek (Environment and Land Appeal 80 of 2021) [2023] KEELC 21028 (KLR) (26 October 2023) (Judgment)
✦ The appeal is allowed, and the mediation settlement agreement and ruling are set aside.
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Ngure v Ndungu & another (Environment & Land Case E032 of 2022) [2023] KEELC 21022 (KLR) (26 October 2023) (Ruling)
✦ The court allows the plaintiff's application to reinstate the suit and orders the 2nd defendant to bear the costs.
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Kipkorir & another (Suing for and on behalf of G3 Self-Help Group) v Tanui & 5 others (Land Case E047 of 2022) [2023] KEELC 21044 (KLR) (26 October 2023) (Ruling)
✦ The application is allowed, and the suit is reinstated with prayers nos (2), (3) and (5). The file record shall be transmitted to Nakuru for directions.
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Waweru v Maina (Environment & Land Case E15 of 2022) [2023] KEELC 21043 (KLR) (26 October 2023) (Ruling)
✦ The application is dismissed with costs to the respondent
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Ng’ang’a v Njenga; District Land Registrar Kiambu (Interested Party) (Environment and Land Case Civil Suit 335 of 2011) [2023] KEELC 21003 (KLR) (26 October 2023) (Judgment)
✦ The Court held that the Plaintiff acquired an overriding right over the suit premises and that the Defendant’s title to the property was null and void.
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Birir v Kahindi & another (Environment & Land Case 328 of 2017) [2023] KEELC 21105 (KLR) (26 October 2023) (Judgment)
✦ The court confirms the boundaries of the suit property as per the common beacons and orders the status quo to remain. The plaintiff has an easement over the road adjoining the land.
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Mutua v County Government of Narok; The National Land Commission (Interested Party) (Environment & Land Case E007 of 2021) [2023] KEELC 20967 (KLR) (26 October 2023) (Judgment)
✦ The court found that Mutua has not proved ownership to the required standard and that the plot is not distinct from the Narok County Referral Hospital land. The court ordered that Mutua should not be evicted from the property and that the defendant should bear the costs of the suit.
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Nyaruri (Suing on behalf of Jason Nyaruri Onditi) & another v Nyaruri & 3 others (Environment & Land Case 44 of 2020) [2023] KEELC 21032 (KLR) (26 October 2023) (Ruling)
✦ The court finds the Defendant in breach of the court orders and orders that the Defendant be committed to civil jail for a period of 30 days or pay a fine of Kshs. 200,000.
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DMM & another v MNM (Environment and Land Appeal E029 of 2021) [2023] KEELC 21075 (KLR) (26 October 2023) (Judgment)
✦ The Court found that the suit property was indeed matrimonial property and the sale and transfer were null and void.
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Morusoi & another v Maritim (Environment and Land Miscellaneous Application E012 of 2023) [2023] KEELC 21090 (KLR) (26 October 2023) (Ruling)
✦ The court grants leave to the Applicants to file their Appeal out of time.
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Gilani & 2 others v Kenya Railways Corporation & another (Environment & Land Case 302 of 2018) [2023] KEELC 21049 (KLR) (26 October 2023) (Judgment)
✦ The court finds that the Chief Land Registrar was not a party to the consent order and cannot be compelled to perform its terms. The plaintiffs' claim against the defendant lacks merit.
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Menjo v Mokoosio & another (Environment & Land Case E075 of 2021) [2023] KEELC 21104 (KLR) (26 October 2023) (Ruling)
✦ The Plaintiff's Notice of Motion is not merited.
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Kabugi v Davies & another (Environment and Land Appeal 4 of 2023) [2023] KEELC 21094 (KLR) (26 October 2023) (Ruling)
✦ The Appeal is struck out with costs to the Respondents
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Mbiti v Adalja & 3 others (Environment & Land Case 576 of 2016) [2023] KEELC 21155 (KLR) (26 October 2023) (Judgment)
✦ This court does not have jurisdiction to determine whether the plaintiff was a wife of the deceased.
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Koceyo & Company Advocates v Nairobi City Water & Sewerage Company Limited (Environment and Land Miscellaneous Application E231 of 2021) [2023] KEELC 21107 (KLR) (26 October 2023) (Ruling)
✦ The court is devoid of jurisdiction to set aside its own ruling.
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Bore v Chebet (Land Case 221 of 2014) [2023] KEELC 21048 (KLR) (26 October 2023) (Ruling)
✦ The preliminary objection is dismissed with costs to the plaintiff.
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Omollo & 2 others v Attorney General & another; Kenya Airports Authority (Interested Party) (Petition 958 of 2012) [2023] KEELC 21062 (KLR) (26 October 2023) (Ruling)
✦ The court grants leave to further amend the petition
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Kungu v Safaricom Limited (Environment and Land Miscellaneous Application 17 of 2023) [2023] KEELC 21258 (KLR) (26 October 2023) (Judgment)
✦ The court dismisses the Plaintiff's suit with costs to the Defendant.
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Migoya (Suing as the Administrator of the Estate of Labisilaus Mogoya G Odero and on her Own Behalf) v Opiyo & 3 others (Environment and Land Case E003 of 2023) [2023] KEELC 21071 (KLR) (26 October 2023) (Ruling)
✦ The case is transferred to the Chief Magistrate's Court at Homa Bay for directions.
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Nathan Muhatia Pala t/a Muhatia Pala Auctioneers v Nyamai (Environment and Land Appeal 18 of 2023) [2023] KEELC 20984 (KLR) (26 October 2023) (Ruling)
✦ The ruling is dismissed as it is a dismissal with costs and there is nothing to be executed or stayed.
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Kyambi (Suing as the Administrator and Legal Representative of the Estate of the Late Mueke Kyambi Alias Lydiah Mueke Kyambi - Deceased) v Olero & 6 others (Environment and Land Case Civil Suit E411 of 2021) [2023] KEELC 21380 (KLR) (26 October 2023) (Judgment)
✦ There is no written contract of sale between the plaintiff and the 1st defendant, and the plaintiff has not proven any fraud or illegality against the 6th defendant.
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Muroki v Mwananchi Credit Limited & 5 others (Environment & Land Case E353 of 2022) [2023] KEELC 21005 (KLR) (26 October 2023) (Ruling)
✦ The 2nd defendant/applicant has failed to persuade the court to vary and or set aside its orders issued on November 17, 2022. The notice of motion application, dated March 9, 2023 is dismissed with costs to the plaintiff/respondent.