Kenyan case law
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Okidi v Opado & 2 others (Environment and Land Appeal E011 of 2023) [2023] KEELC 20918 (KLR) (23 October 2023) (Ruling)
✦ The application for a stay of execution of the trial court's judgment is granted, and the appellant and the respondents are ordered to maintain the prevailing status quo over the suit land, Parcel No Central Kasipul/Kamuma/1767.
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James & 5 others v Motatiro & another (Environment & Land Case E001 of 2023) [2023] KEELC 21131 (KLR) (23 October 2023) (Ruling)
✦ The application is merited and an order of injunction is issued restraining the defendants from threatening or harassing the applicants, destroying the applicants' properties, or trespassing or interfering with the applicants' quiet and peaceful possession of the land.
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Ibrahim v Bagajo & 2 others (Environment & Land Case 7 of 2022) [2023] KEELC 20887 (KLR) (23 October 2023) (Ruling)
✦ The application is hereby dismissed. Costs shall be in the cause. Parties will come to court for further directions on 20/11/2023. Applicant to serve the orders issued by the court today upon the defendants within 10 days of today.
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Kilifi Plantations Limited & another v Kilifi Boatyard Limited; Kenya Forest Service & another (Interested Parties) (Environment & Land Case 41 of 2023) [2023] KEELC 20994 (KLR) (23 October 2023) (Ruling)
✦ The application is dismissed with costs.
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Lake Naivasha Crescent Camp Limited v Wagiciengo Holdings Limited & another (Environment & Land Case E38 of 2023) [2023] KEELC 20906 (KLR) (23 October 2023) (Ruling)
✦ The court denied the plaintiff's application as the arbitration proceedings were non-existent and the defendants had not appointed an arbitrator.
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Mugambi v Mwaita & 3 others (Civil Suit E429 of 2022) [2023] KEELC 21377 (KLR) (23 October 2023) (Ruling)
✦ The application is dismissed but with no order as to costs.
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Chairman A.I.P.CA Church Isiolo v Mugambi (Environment & Land Miscellaneous Case 13 of 2022) [2023] KEELC 20914 (KLR) (23 October 2023) (Ruling)
✦ The court grants the plaintiff leave to appeal out of time and directs the plaintiff to deposit Kshs. 300,000 as security for the stay of execution.
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Githere & 2 others v Githere (Suing as Administrator of the Estate of James Githere Njuguna - Deceased) (Environment and Land Appeal 16B of 2023) [2023] KEELC 21270 (KLR) (23 October 2023) (Judgment)
✦ The appeal is allowed, the ruling is set aside, and the application is remitted to the subordinate court.
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Njeru v Njagi (Environment & Land Case 129 of 2017) [2023] KEELC 22556 (KLR) (23 October 2023) (Ruling)
✦ The application is allowed as prayed. The applicant is to file amended Originating Summons within 30 days. Costs in the cause.
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Ochieng v Munda & 2 others (Environment and Land Miscellaneous Application E001 of 2023) [2023] KEELC 21398 (KLR) (23 October 2023) (Ruling)
✦ The court grants the application, finding the explanation for the delay plausible and satisfactory, and allows the appeal.
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Lemeiruko (Suing as the Duly Appointed Legal Administrator to the Estate of Patrick Lemeiruko Ole Marangura - Deceased) v Koinange & 3 others (Environment & Land Case 632 of 2017) [2023] KEELC 20911 (KLR) (23 October 2023) (Judgment)
✦ The Plaintiff's case is dismissed with costs to the 1st Defendant.
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Farah & another v Adan & another (Environment & Land Case E229 of 2022) [2023] KEELC 20936 (KLR) (23 October 2023) (Ruling)
✦ The application for adjournment is hereby declined.
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Kiarie & another v Matiba (Being sued as the executrix to the Estate of Hellen Wamere Dadet); Dadet (Proposed Interested Party) (Environment & Land Case E155 of 2023) [2023] KEELC 21074 (KLR) (23 October 2023) (Ruling)
✦ The Application is devoid/ bereft of merits and is hereby dismissed.
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Obade & 299 others & 10 others v Kirima & 60 others (Environment and Land Case Civil Suit 1257 of 2014 & 252 of 2011 & Environment & Land Case 509 & 850 of 2014 & 1496 & 1318 of 2013 (Consolidated)) [2023] KEELC 20868 (KLR) (23 October 2023) (Judgment)
✦ The court determined that the applicants have not established a case for adverse possession and dismissed their claims.
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Mwendia (Suing as the personal representative of the Estate of Mwendia Gichinga Maara) v Njuguna (Personal representative of the Estate of Njuguna Wambuthi) & another (Environment & Land Case 16 of 2018) [2023] KEELC 21308 (KLR) (23 October 2023) (Ruling)
✦ The suit is not statute-barred and the preliminary objection is dismissed.
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Baslum & 2 others v Abdikadir & 3 others (Miscellaneous Application E006 of 2022) [2023] KEELC 20886 (KLR) (23 October 2023) (Ruling)
✦ The application is dismissed.
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Ogingo v Mokoh (Environment and Land Appeal 192 of 2017) [2023] KEELC 21158 (KLR) (23 October 2023) (Ruling)
✦ The court denied the application for review, finding that the court is functus ocio and that the plaintiff's claim of a pending appeal does not justify the review of the judgment.
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Mohamed & 10 others v Kajoji & 17 others (Environment & Land Case 99 of 2019 & 28 of 2020 (Consolidated)) [2023] KEELC 21073 (KLR) (23 October 2023) (Ruling)
✦ The 9th Defendant should be compelled to deposit the sum of Kshs. 77,540,000/- as security for costs pending the hearing and determination of the suit.
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Jethwa v Jethwa (Environment & Land Case 16 of 2023) [2023] KEELC 21042 (KLR) (19 October 2023) (Judgment)
✦ The joint tenancy cannot be severed unless one of the four unities of title is broken.
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Muriithi v National Land Commission & another; Githinji & another (Third party) (Environment & Land Case 784 of 2013) [2023] KEELC 20856 (KLR) (19 October 2023) (Judgment)
✦ The court found that the Defendants breached statutory requirements in the compulsory acquisition of the suit property and ordered the Defendants to pay the Plaintiff Kshs 80,000,000 as the value of the land parcel Dagoretti/Mutuini/740.
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Gitaka & another (Being Administrators of the Estate of Geoffrey Gitaka Kimani -Deceased) v Gitaka & 4 others; Chege (Intended Interested Party) (Environment & Land Case 1586 & 1487 of 2016 (Consolidated)) [2023] KEELC 20841 (KLR) (19 October 2023) (Ruling)
✦ The Court will allow the amendment of the 2nd and 3rd Defendants' pleadings, as it is not prejudicial to the Plaintiffs and does not substantially change the nature of the suit.
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Maiyo & 4 others v Land Adjudication & Settlement Officer, Nandi County & 8 others (Environment & Land Petition 7 of 2021) [2023] KEELC 21030 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed as the report was prepared and filed by the persons mandated by the court to do so, and the original maps were filed alongside the report.
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Rugut & 2 others v National Environment Management Authority & 4 others (Constitutional Petition 3 of 2019) [2023] KEELC 20912 (KLR) (19 October 2023) (Judgment)
✦ The Petitioners’ Petition was not pleaded with reasonable precision and lacks merit.
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M’CM v HM & another (Environment and Land Appeal E035 of 2022) [2023] KEELC 20765 (KLR) (19 October 2023) (Ruling)
✦ The court denied the application for stay of execution pending appeal due to undue delay and lack of substantial loss to the applicant.
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Owiny v Osumba (Environment and Land Appeal E034 of 2022) [2023] KEELC 21231 (KLR) (19 October 2023) (Judgment)
✦ The trial court found Owiny was the registered owner and the respondent and his family were not mere trespassers.