Kenyan case law
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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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Lua & another (Suing as administrators of the Estate of James Lua Maia – Deceased) v Muindi (Environment & Land Case 58 of 2019) [2023] KEELC 21467 (KLR) (25 October 2023) (Ruling)
✦ The application for review is dismissed with costs to the respondent
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Angweye v Mulemi (Environment & Land Case 7 of 2022) [2023] KEELC 20952 (KLR) (25 October 2023) (Judgment)
✦ The court finds merit in Angweye's case and enters judgment in his favor, declaring him the legal owner of the first suit property, nullifying the conveyance and mortgage, and ordering the cancellation of land registration entries and removal of structures.
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Kosgei v Iravokha & 2 others (Environment and Land Appeal 2 of 2023) [2023] KEELC 21064 (KLR) (25 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondents
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Thanga Wrongly Sued as Anne Kathure Marimba v M’Mmauta (Environment and Land Appeal 20 of 2022) [2023] KEELC 21123 (KLR) (25 October 2023) (Judgment)
✦ The appeal is allowed with no order as to costs.
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Wamukoya & 2 others v Mumias Sugar Company Limited (Under Receivership) (Environment and Land Appeal E013 of 2022) [2023] KEELC 20954 (KLR) (25 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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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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Kenya Forest Service & another v Ongai (Appeal 17B of 2022) [2023] KEELC 21083 (KLR) (25 October 2023) (Ruling)
✦ The application for stay of further proceedings in the suit pending hearing of the appeal is granted.
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Wakufwa & 40 others (Suing on their own behalf and on behalf of 37 others) v Maru (Environment & Land Case 81 of 2016) [2023] KEELC 20996 (KLR) (25 October 2023) (Ruling)
✦ The application is granted, and the 1st Plaintiff's son is authorized to testify.
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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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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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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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Superior Homes (Kenya) Ltd v East African Portland Cement Co Ltd; Mutemi & 2 others (Applicant) (Suing as the officials of Aimi Ma Lukenya Society) (Environment & Land Case 6 of 2022) [2023] KEELC 21025 (KLR) (25 October 2023) (Ruling)
✦ The court denied the application to join the applicants as interested parties and to set aside the consent judgment.
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Ngoge v Otieno (Environment & Land Case E005 of 2023) [2023] KEELC 20963 (KLR) (25 October 2023) (Judgment)
✦ The court entered a judgment in favor of the plaintiff, declaring that the land was registered in the names of the defendant as a trustee of Sarah Opere Otieno (deceased) and ordering the partition of the land into two portions.
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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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Mukolya (Suing as the legal representative of the Estate of Mukolya Kithu – Deceased) & 4 others v Mulwa & 3 others (Environment & Land Case 30 of 2019) [2023] KEELC 21010 (KLR) (25 October 2023) (Ruling)
✦ The Court denied the 1st and 2nd Defendants' application for leave to Appeal out of time.
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Obwoge v Nyakundi & 6 others (Environment & Land Case 89 of 2017) [2023] KEELC 21056 (KLR) (25 October 2023) (Judgment)
✦ The court finds in favor of the plaintiff and orders the defendants to give vacant possession of the land parcel Wanjare/Bogiakumu/4969.
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Awadh (Holder of General Power of Attorney for Burka Ahmed Salim) v Ngala (Sued as Administrator of the Estate of Stephen E. C. Ngala) (Environment and Land Appeal 10 of 2021) [2023] KEELC 20946 (KLR) (25 October 2023) (Judgment)
✦ The learned trial magistrate erred in fact and law by not hearing the case through viva voce, oral, or written submissions and by dismissing the appellant's suit before it had gone through the full hearing.
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Kithira v Kibiti (Environment & Land Case E003 of 2023) [2023] KEELC 21116 (KLR) (25 October 2023) (Ruling)
✦ The court grants a temporary injunction to maintain the status quo, preventing new transactions over the land occupied by the plaintiff.
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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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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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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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Redeemed Gospel Church Meru & another v Mwirebua & 2 others; Muthuri & another (Third party) (Environment & Land Case E003 of 2023) [2023] KEELC 21117 (KLR) (25 October 2023) (Judgment)
✦ The court found that the 1st plainti was not a bona fide purchaser for value without knowledge and that the sale and transfer between the 2nd plainti and the 1st defendant was fraudulent, illegal, or irregular.
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Katuga v Cabinet Secretary for Land & 8 others (Environment & Land Petition E015 of 2022) [2023] KEELC 21009 (KLR) (25 October 2023) (Judgment)
✦ Petition dismissed with costs
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Gekonge v Onkoba (Environment & Land Miscellaneous Case E005 of 2023) [2023] KEELC 22605 (KLR) (25 October 2023) (Ruling)
✦ The Application for transfer of case is declined.