Kenyan case law
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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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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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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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Kagwe Tea Factory Limited v Kipchoim & 84 others; Kenya Forest Service & 3 others (Interested Parties) (Environment & Land Case 79 of 2023) [2023] KEELC 21200 (KLR) (26 October 2023) (Ruling)
✦ The court ordered the Plainti's application to be allowed with certain conditions, including the filing of survey and ground reports within 60 days and the transfer of the case to Nyahururu ELC for trial.
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Oyula & another v Samuel (Environment and Land Appeal 42 of 2022) [2023] KEELC 21065 (KLR) (26 October 2023) (Ruling)
✦ The Preliminary Objection is well founded and the application is dismissed with costs to the Respondent.
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Oraro v Oraro (Civil Appeal 84 of 2021) [2023] KEELC 20981 (KLR) (26 October 2023) (Judgment)
✦ The court found that the Respondent had the rightful ownership of the land, supported by her title deed and evidence. The Appellant's claim of adverse possession and fraud was not proven.
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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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Kariuki v Kiragu (Environment and Land Appeal 10 of 2021) [2023] KEELC 21454 (KLR) (26 October 2023) (Judgment)
✦ The appeal fails and is dismissed. Each party will bear its costs for the appeal.
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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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Lamba & another v Pearls Kids Academy Limited & another; Nairobi County Government & another (Interested Parties) (Environment & Land Case E078 of 2023) [2023] KEELC 20964 (KLR) (26 October 2023) (Ruling)
✦ The court granted the plaintiffs' application for an injunction restraining the defendants from establishing, operating, and carrying on the business of a school on the suit property.
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Diamond Property Merchants Limited v Osman (Environment & Land Case 10 of 2020) [2023] KEELC 21063 (KLR) (26 October 2023) (Judgment)
✦ The Plaintiff is not entitled to a refund of Kshs 28,750,000 as the sale agreement was rescinded due to the Plaintiff's breach of terms.
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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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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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Pertet & another v Manche (Suing as the Administrators and Personal Representatives of the Estate of Samwel Waweru Manji - Deceased) & 3 others (Environment and Land Appeal 27 of 2020) [2023] KEELC 20974 (KLR) (26 October 2023) (Judgment)
✦ The trial court's ruling on the notice of preliminary objection was flawed, and the suit is allowed to proceed.
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Gichuhi & 4 others v Kimani & 4 others (Environment & Land Case 163 of 2013) [2023] KEELC 21036 (KLR) (26 October 2023) (Judgment)
✦ The court finds that there was no sale agreement entered into between the Plaintiffs and the 1st Defendant for the purchase of the suit property, and that David Nguhiu Kibugi, the agent of the 1st Defendant, had no legal capacity to sell the land.
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Arogo v Nyangeri & 2 others (Environment & Land Case 391 of 2013) [2023] KEELC 21093 (KLR) (26 October 2023) (Judgment)
✦ The suit is dismissed with costs as it is time-barred.
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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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Joshi & 2 others v Kirui; Kirui & another (Intended Interested Party) (Environment & Land Case 6 of 2014) [2023] KEELC 21089 (KLR) (26 October 2023) (Ruling)
✦ The court dismissed the application to join the children as interested parties, finding that their personal interest was not proximate and that the suit was res judicata.
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Monyenye & another v Onyoni & 5 others (Environment & Land Case 1228 of 2016) [2023] KEELC 21082 (KLR) (26 October 2023) (Judgment)
✦ The plaintiffs are the legitimate registered proprietors of the land parcels Nyaribari Chache/B/B/Boburia/6042 and 6044. The defendants are permanently restrained from entering, being upon, utilizing, or interfering with possession of the suit lands. The plaintiffs are awarded Kshs. 1,500,000/= each against the 1st and 3rd defendants as general damages for trespass and illegal occupation of land.
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Jumbe & another v Preston Mwakio Jumbe (Environment & Land Case 306 of 2015) [2023] KEELC 20944 (KLR) (26 October 2023) (Ruling)
✦ The application for extension of time to appeal is dismissed with costs to the defendant.
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Nyakongo v Rogito & 3 others (Environment & Land Case 309 of 2017) [2023] KEELC 21067 (KLR) (26 October 2023) (Judgment)
✦ The Plainti’s suit succeeds, and the court orders the 1st, 2nd, and 3rd Defendant to jointly or severally reimburse the Plainti a sum of money equivalent to the current market price of the suit parcel.
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Republic v Land Surveyor, Uasin Gishu County & another; Songok & 7 others (Exparte) (Judicial Review Application 4 of 2020) [2023] KEELC 21078 (KLR) (26 October 2023) (Ruling)
✦ The court granted the order of mandamus compelling the Respondents to give reasons why they had not acted on the Applicants' request for the survey of the suit property within 14 days, failing which the Respondents were directed to carry out the survey within 30 days.
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Ochieng (Suing as the Legal Representative of the Estate of Elkana Ochieng Wire) v Oduor & 4 others (Environment & Land Case 17 of 2021) [2023] KEELC 21040 (KLR) (26 October 2023) (Judgment)
✦ The suit against the 4th defendant is struck out as incompetent due to the lack of letters of administration to clothe the defendants with capacity to represent Jane's estate.
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Achieng v Odongo & 2 others (Environment and Land Appeal E019 of 2022) [2023] KEELC 20983 (KLR) (26 October 2023) (Judgment)
✦ The court found the trial court’s decision was not clearly wrong and upheld the respondents’ case.