Kenyan case law
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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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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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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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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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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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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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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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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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Ngumbao v Kenga & another (Environment and Land Appeal 63 of 2021) [2023] KEELC 20975 (KLR) (25 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent. The Appellant failed to prove her case on a balance of probabilities.
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Durahard Ltd v Mbarak & 3 others (Environment & Land Case E043 of 2023) [2023] KEELC 21001 (KLR) (24 October 2023) (Ruling)
✦ The court finds it premature to grant permanent injunctions and orders that the status quo be maintained pending the hearing and determination of the suit.
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Sairowua v Olorgeso & another (Environment & Land Case E017 of 2021) [2023] KEELC 20885 (KLR) (24 October 2023) (Judgment)
✦ The court found that the plaintiff did not prove his ownership of the suit land and that the transactions were not fraudulent.
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Matenjwa & another (Suing as the Personal Representatives of the Estate of Onesmus Matenjwa Kuria) v Joreth Limited & 2 others (Environment & Land Case 135 of 2012) [2023] KEELC 20968 (KLR) (24 October 2023) (Ruling)
✦ The application is granted, and the personal representatives of the Estate of Onesmus Matenjwa Kuria are deemed to be properly substituted in place of the deceased Plaintiffs, Elizabeth Wanjiru Matenjwa and Michael N. Njuguna.
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Kiplagat v Chepkonga (Environment and Land Appeal 05 of 2023) [2023] KEELC 21272 (KLR) (24 October 2023) (Ruling)
✦ The application is granted with no orders as to costs as the application was not opposed.
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Mohamed v Beja & 5 others (Environment & Land Petition 59 of 2011) [2023] KEELC 20958 (KLR) (24 October 2023) (Ruling)
✦ The application is dismissed with costs, and the Plaintiffs are allowed to cross-examine the 3rd Defendant on the affidavit.
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Onchonga & 84 others v Ndungu (Enviromental and Land Originating Summons 51 of 2020) [2023] KEELC 20955 (KLR) (24 October 2023) (Judgment)
✦ The Plaintiffs are entitled to the Orders as sought in the Originating Summons.
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Mburu v Kenya Power & Lighting Company Limited (Environment & Land Case 151 of 2013) [2023] KEELC 20976 (KLR) (24 October 2023) (Ruling)
✦ The application is dismissed as premature and incurably defective.
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Mwaura v Parkinyaru c/o Muntati Wainaina (Environment and Land Miscellaneous Application E060 of 2021) [2023] KEELC 20893 (KLR) (24 October 2023) (Ruling)
✦ The case is transferred to the Chief Magistrates' Court for further action.
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Thuku v Kimani & 2 others (Environment & Land Case 315 of 2017) [2023] KEELC 21323 (KLR) (24 October 2023) (Judgment)
✦ The court finds in favor of the plaintiff, declaring them the beneficial owner of the land and nullifying the fraudulent registration and subsequent transfer.
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Owuor v Okatch (Miscellaneous Application E003 of 2023) [2023] KEELC 20950 (KLR) (24 October 2023) (Ruling)
✦ The court set aside the consent dated June 6, 2023, and quashed the decision of the taxing master regarding the taxation of the bill of costs.
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Kyambi t/a Lizaya Hair Studio v Safaricom Staff Pension Scheme Registered Trastees also known as The Trustees of Safaricom Staff Pension Scheme (Environment & Land Case E149 of 2022) [2023] KEELC 21041 (KLR) (24 October 2023) (Judgment)
✦ The court finds in favor of the Plaintiff, awarding her the sum of Kshs.806,334.00 with interest from the date of filing the suit and costs of the suit.
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Otieno v Osiembo (Environment & Land Case 7 of 2015) [2023] KEELC 20928 (KLR) (24 October 2023) (Ruling)
✦ The defendant's motion to extend time for filing the appeal and applying to stay execution of the judgment is dismissed with costs.
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Republic v Homa Bay Land Registrar & 2 others; Odhiambo & another (Exparte); Odhiambo (Interested Party) (Judicial Review 3 of 2022) [2023] KEELC 20920 (KLR) (24 October 2023) (Judgment)
✦ The application is incompetent and unmeritorious, and is hereby dismissed with no orders as to costs.
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ATC Kenya Operations Limited v Telkom Kenya Limited (Environment & Land Case E044 of 2023) [2023] KEELC 20990 (KLR) (24 October 2023) (Ruling)
✦ The Court dismissed the Defendant's preliminary objection and granted the Plaintiff's application for an interim order.
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Mbogo v Mbogo (Environment and Land Appeal E016 of 2022) [2023] KEELC 22539 (KLR) (24 October 2023) (Ruling)
✦ The preliminary objection is dismissed with costs to the appellant.
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Kilonzo v Kongoni River Farm Limited & 4 others (Environment & Land Case 26 of 2021) [2023] KEELC 21457 (KLR) (24 October 2023) (Ruling)
✦ The further amended plaint was improperly filed and the court had no discretion to allow amendments after pleadings closed.