Kenyan case law
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Ngobe v Kamau (Environment and Land Appeal 33 of 2019) [2023] KEELC 21077 (KLR) (26 October 2023) (Judgment)
✦ The Court found that there was no breach of the Sale Agreement and granted the alternative prayer for refund of Kshs 600,000. The Court dismissed the Appellant's claims for Kshs 160,000 and Kshs 20,000 and interest.
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Theuri (Suing as the Legal Representative of the Estate of the Late Veronica Wangeci Theuri) v Gikonyo (Sued as the Administrator of the Estate of John N. Gikonyo Deceased) (Environment & Land Case 261 of 2015) [2023] KEELC 21029 (KLR) (26 October 2023) (Ruling)
✦ The plaintiff's application is allowed as prayed.
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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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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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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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Masee v Birgen (Environment and Land Appeal E028 of 2022) [2023] KEELC 21014 (KLR) (26 October 2023) (Judgment)
✦ The appellant's appeal has no merit and is hereby dismissed with costs to the respondent.
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Mauta t/a The Place Bar & Restaurant v Gideon (Environment & Land Case 91 of 2016) [2023] KEELC 20993 (KLR) (26 October 2023) (Judgment)
✦ The court finds both the Plaintiff and Defendant are squatters and dismisses their claims.
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Kongo v China Henan International Corporation Group Company Limited (Environment & Land Petition E001 of 2023) [2023] KEELC 21100 (KLR) (26 October 2023) (Ruling)
✦ The petition is hereby struck out with no orders as to costs.
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Miji & another v Neon Oaks Limited (Environment & Land Case 78 of 2022) [2023] KEELC 20969 (KLR) (26 October 2023) (Judgment)
✦ The plaintiffs' claim fails as they have not demonstrated continuous and uninterrupted possession for 12 years.
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Obuon v Onyango & another (Environment and Land Appeal E034 of 2022) [2023] KEELC 21145 (KLR) (26 October 2023) (Judgment)
✦ The court affirmed the trial court's award of Kshs 708,887 as damages and dismissed the counter-claim.
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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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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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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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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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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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Mulili v Mutisya & another (As the administrators of the Estate of the Late Philip Mutisya Mwove) (Environment and Land Miscellaneous Application 13 of 2023) [2023] KEELC 21011 (KLR) (26 October 2023) (Ruling)
✦ The Court allows the Notice of Motion and directs the Applicant to file and serve the Memorandum of Appeal within fourteen (14) days from the date of the ruling. The status quo is maintained pending the outcome of the intended appeal.
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Aura v Cabinet Secretary, Ministry of Education Science and Technology & 9 others; Wainaina & another (Interested Parties) (Environment & Land Petition E030 of 2022) [2023] KEELC 21087 (KLR) (26 October 2023) (Ruling)
✦ The Court finds no reasonable basis for recusal.
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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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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.
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Kayongo v Embakasi Ranching Co. Ltd; Munira (Proposed Interested Party) (Environment & Land Case 1125 of 2016) [2023] KEELC 21109 (KLR) (26 October 2023) (Ruling)
✦ The Application by the Plainti is meritorious, whereas the application by the proposed interested party is devoid of merits.
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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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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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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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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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Gichuru v Kenya National Highways Authority (Environment & Land Case E1 of 2023) [2023] KEELC 21102 (KLR) (26 October 2023) (Ruling)
✦ The Plaintiff's Notice of Motion application is dismissed with costs.