Kenyan case law
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Nduati (Suing for and on behalf of Christian Church International (CCI) v Ndungu (Environment & Land Case E013 of 2023) [2023] KEELC 20817 (KLR) (19 October 2023) (Ruling)
✦ The Court dismisses the Notice of Preliminary Objection as not being a pure point of law and finds it merited.
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Irungu & 3 others v Wairimu (Environment and Land Appeal E020 of 2021) [2023] KEELC 20816 (KLR) (19 October 2023) (Judgment)
✦ The appeal was dispensed with by way of written submissions.
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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.
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Vision Afrika Housing Co-operative Society Limited v Mwangi & 3 others (Environment and Land Miscellaneous Application E17 of 2023) [2023] KEELC 21047 (KLR) (19 October 2023) (Ruling)
✦ Application dismissed with costs
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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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Kateto & another v Mosiany (Environment & Land Case E009 of 2022) [2023] KEELC 20902 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Kingeche & another (Suing on her behalf and as the administrator of the Estate of the Late David Mbagu Kingeche (Deceased) & 4 others v Karura Farmers Company Limited & 8 others (Environment & Land Case 3017 of 1990) [2023] KEELC 20929 (KLR) (19 October 2023) (Ruling)
✦ The ex-parte order dated 10.5.2023 is set aside, and the defendants are granted an opportunity to cross-examine witnesses and present their evidence. The plaintiffs are ordered to pay thrown away costs to the defendants.
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Njoroge v Githinji & 2 others (Environment and Land Appeal E002 of 2023) [2023] KEELC 20799 (KLR) (19 October 2023) (Judgment)
✦ The court partially allowed the appeal, ruling that the trial court erred by determining land ownership via a miscellaneous application and set aside the declaration of land ownership.
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Muguongo v Marete (Environment and Land Appeal E023 of 2022) [2023] KEELC 20814 (KLR) (19 October 2023) (Judgment)
✦ The court held that the appellant did pay the balance of the purchase price and the respondent breached the agreement by failing to clear the outstanding loan and transfer the property.
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Orwongo v Moving Atlantic Limited (Environment & Land Case E073 of 2022) [2023] KEELC 20901 (KLR) (19 October 2023) (Ruling)
✦ The court dismissed the preliminary objection and granted an injunction restraining the defendant from gaining entry into, taking possession of, or interfering with the suit land.
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Lomul v Samati & another (Environment and Land Appeal 1 of 2023) [2023] KEELC 22614 (KLR) (19 October 2023) (Ruling)
✦ The court allows the notice of motion with costs to abide in the appeal
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Choge v Kenda & 2 others (Environment & Land Case E038 of 2021) [2023] KEELC 20769 (KLR) (19 October 2023) (Judgment)
✦ Plaintiff's suit is dismissed with no order as to costs
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U-Haul Vehicle Limited v Kiambu Dandora Farmers Co. Limited & 5 others; Mwangi & 6 others (Interested Parties) (Environment & Land Case 39 of 2019) [2023] KEELC 20971 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed with costs, and the Inspector General of Police is directed to provide adequate security and assistance to the plaintiff.
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Mungai v Ngunya & 3 others (Environment & Land Miscellaneous Case E219 of 2021) [2023] KEELC 20842 (KLR) (19 October 2023) (Ruling)
✦ The court granted the temporary injunction and mandatory injunction.
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Bett & another v Koech (Environment & Land Case 65 of 2017) [2023] KEELC 20897 (KLR) (19 October 2023) (Judgment)
✦ The court found that the Plaintiffs have not proved their case to the required standard and that the Defendant has not acquired the land by adverse possession.
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Kioko & 3 others v Musya & 3 others (Being sued jointly In their capacity as trustees of Ukai Self-Help Group) (Environment and Land Appeal 10 of 2021) [2023] KEELC 20772 (KLR) (19 October 2023) (Judgment)
✦ The court held that the Trial Learned Magistrate erred in law and fact by calling for evidence on Preliminary Objection based on a pure point of law and by disregarding the fact that there has been no conclusive decision determining the Rights of the parties with respect to all that property known as Lamu/ Lake Kenyatta1/ 753.
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Kiere v Karaithi & 6 others (Environment & Land Case E84 of 2021) [2023] KEELC 21046 (KLR) (19 October 2023) (Ruling)
✦ Application dismissed with costs
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Akoth & another v Oloo & 2 others (Environment and Land Appeal E073 of 2021) [2023] KEELC 20867 (KLR) (19 October 2023) (Judgment)
✦ The court found that the 1st Appellant acquired the suit property irregularly and unlawfully and that the transaction between the 1st Appellant and the deceased was null and void.
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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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Yegon v Rono (Environment & Land Case 5 of 2016) [2023] KEELC 20880 (KLR) (19 October 2023) (Ruling)
✦ The court found that the firm of M/S Bor & Company Advocates did not properly come on record and ordered an order of stay of execution.
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Parkire v Philip (Environment and Land Miscellaneous Application E42 of 2022) [2023] KEELC 20851 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed with costs
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Gateru & another v Njeri (Sued as the legal representative and administrator of the Estate of the Late Elijah Murimi) (Environment and Land Appeal E033 of 2021) [2023] KEELC 20857 (KLR) (19 October 2023) (Judgment)
✦ The Appeal is dismissed with costs to the Respondent
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Nteka v Sokoiyuni (Environment & Land Case 801 of 2017) [2023] KEELC 20852 (KLR) (19 October 2023) (Judgment)
✦ The Defendant was registered as the proprietor of the suit land in trust for himself and the Plainti. The land should be resurveyed and shared equally between the Plainti and the Defendant.
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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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Mwaniki v Gichohi & another (Environment and Land Miscellaneous Application E002 of 2023) [2023] KEELC 20870 (KLR) (19 October 2023) (Ruling)
✦ The application is misconceived and without merit