Kenyan case law
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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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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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Mwangi v Mwangi & another (Environment & Land Case 308 of 2008) [2023] KEELC 21086 (KLR) (26 October 2023) (Ruling)
✦ The ex-parte judgment is set aside due to an excusable mistake in service of the summons.
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Elgon House (2010) Ltd v Meya Agri Traders Ltd (Land Case 121 of 2018) [2023] KEELC 21033 (KLR) (26 October 2023) (Ruling)
✦ The application is granted, and the pleadings filed by Sheth & Wathigo Advocates are expunged from the court record.
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Amolo (Suing on behalf of and as the donee of the power of attorney from)Theodore Overbeck v Mohammed; Wanjiru (Interested Party) (Environment & Land Case 92 of 2021) [2023] KEELC 20995 (KLR) (25 October 2023) (Judgment)
✦ The Plaintiffs are the lawful registered proprietors of the land, and the Defendant is ordered to vacate the property within 30 days.
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Chege v Njoroge & 4 others; Kamau (Interested Party) (Environment & Land Case 867A of 2017) [2023] KEELC 21310 (KLR) (25 October 2023) (Ruling)
✦ The decree is upheld, the bill of costs is dismissed, and the eviction order is enforced.
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Kenol Kobil PLC v Canarian Holdings Limited; Canarian Holdings Limited (Plaintiff); Kenol Kobil PLC (Defendant) (Environment & Land Case 111 of 2019) [2023] KEELC 20945 (KLR) (25 October 2023) (Judgment)
✦ The court declared that the lease agreements had been breached and ordered the defendant to vacate the premises. It also awarded damages and costs to the plaintiff.
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Nthenge v Kiswili (Environment and Land Appeal E002 of 2021) [2023] KEELC 21468 (KLR) (25 October 2023) (Judgment)
✦ The Court finds the sale agreement valid and rejects the Appellant's arguments.
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Njuki v Gikonyo (Environment and Land Appeal E011 of 2022) [2023] KEELC 22551 (KLR) (25 October 2023) (Ruling)
✦ The appeal is dismissed. The lower court's ruling on trespass and waste is upheld. The costs of appeal are awarded to the appellant.
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Kariuki (Suing as the Administratix of the Estate of Jeremiah M'rukaria M'imanyara -Deceased) v Attorney General & 3 others (Environment & Land Petition E009 of 2023) [2023] KEELC 21143 (KLR) (25 October 2023) (Judgment)
✦ The cancellation of L.R. No. Abothuguchi/Kithirune/2906 was illegal and unconstitutional, and the petitioner is declared the owner of the land. The land register is rectified to reflect the petitioner's ownership.
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Okemwa (Suing as the legal representative of the Estate of Okemwa Mokua Orenge (Deceased) v Nyakundi & 4 others (Environment & Land Case E003 of 2023) [2023] KEELC 21081 (KLR) (25 October 2023) (Ruling)
✦ The court orders that the status quo be maintained until the case is heard and determined.
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Handa Ukagetha Self Help Group (Suing Through Peter Ndungu Mwangi & 2 others) v Karani & 2 others (Environment & Land Case 123 of 2016) [2023] KEELC 20927 (KLR) (25 October 2023) (Ruling)
✦ The application is dismissed with costs as the defendants have not met the threshold of the law to justify the grant of the orders sought
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Charo v Land Registrar Kilifi & another (Environment and Land Miscellaneous Application 23 of 2019) [2023] KEELC 20961 (KLR) (25 October 2023) (Ruling)
✦ The court finds that the orders cannot be executed due to conflicting orders in a previous case and grants the application.
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Chumz Limited v Mageeta Investments Limited; Khan t/a Motor Atrep (Interested Party) (Environment & Land Case E362 of 2022) [2023] KEELC 21146 (KLR) (25 October 2023) (Ruling)
✦ The court directs the defendant to file and serve their amended pleadings by November 9, 2023, and the plaintiff to serve the interested party with all the suit papers and file an affidavit of service by November 2, 2023. The interested party is to file and serve their statement of claim by November 16, 2023, otherwise the matter shall proceed as an undefended claim against them. The plaintiff is to file and serve their reply to the amended defence and counterclaim and the statement of claim of the interested party by November 30, 2023.
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Taita Hills and Salt Lick Wildlife Resort Limited v Mwangombe & 8 others (Environment & Land Case 12 of 2023) [2023] KEELC 20970 (KLR) (Environment and Land) (25 October 2023) (Ruling)
✦ The court dismissed the suit
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Samuel v Rono (Environment & Land Case E022 of 2023) [2023] KEELC 21092 (KLR) (25 October 2023) (Ruling)
✦ The court grants the stay of proceedings and refers the dispute to arbitration.
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Gaitho v Attorney General & 3 others (Environment & Land Petition 271 of 2016) [2023] KEELC 21008 (KLR) (25 October 2023) (Ruling)
✦ Petitioner's application is dismissed with costs
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Kinyanjui (Suing on His Behalf as Chairman of Mugumo-ini West Community Self Help Group) & 2 others v Mauu & 3 others (Environment and Land Miscellaneous Application E061 of 2022) [2023] KEELC 20947 (KLR) (25 October 2023) (Ruling)
✦ The application is allowed, and the Applicants are granted leave to file appeal out of time.
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Arodi & another (Suing through their Attorney Nicodemus Atito Arodi) v Midiwo; Housing Finance Company of Kenya & another (Third party) (Environment & Land Case 43 of 2020) [2023] KEELC 20939 (KLR) (25 October 2023) (Ruling)
✦ The deceased defendant's claim by way of Third Party Notice against the 1st Third Party is hereby declared to have abated. Costs of the abated Notice shall be recovered from the Estate of the deceased defendant.
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Baithibutu v Ekabu & 22 others (Environment & Land Case 118 of 2008) [2023] KEELC 21126 (KLR) (25 October 2023) (Judgment)
✦ The court dismissed the plaintiff's claims and upheld the defendants' rights to the land.
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Ngao v Mbarak (Environment and Land Appeal 19 of 2023) [2023] KEELC 21110 (KLR) (25 October 2023) (Ruling)
✦ The application for a stay of execution pending appeal is dismissed with costs.
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Soita (Suing as a Representative of the Estate of Peter Soita Shitanda - Deceased) v Malumasi & 2 others (Environment & Land Case 4 of 2022) [2023] KEELC 21106 (KLR) (25 October 2023) (Ruling)
✦ The plaintiff's Notice of Preliminary Objection is dismissed with costs to the defendants.
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Makapia v Makapia & another (Environment and Land Appeal E044 of 2022) [2023] KEELC 21013 (KLR) (25 October 2023) (Judgment)
✦ The appeal is partly successful, and the ruling and order of the Subordinate Court are replaced with the following orders: (a) Prayer B of Notice of Motion dated 31st May 2022 is dismissed; (b) An inhibition be registered against the parcel of land known as South/Wanga/Ekero/515; (c) Costs of Notice of Motion dated 31st May 2022 shall be in the cause.
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Kassamalikaramali (aka) Munirjaganit t/a Roshina Timbermart v Omar (Miscellaneous Application 18 of 2023) [2023] KEELC 21125 (KLR) (25 October 2023) (Ruling)
✦ The court grants leave to appeal out of time, but the appeal is dismissed as the eviction had already occurred and the shop was sublet.
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Kithi & another v Muindi & another (Environment and Land Miscellaneous Application E003 of 2022) [2023] KEELC 21421 (KLR) (25 October 2023) (Ruling)
✦ The application is struck out with no orders as to costs because the procedure used is void ab initio.