Kenyan case law
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Akute v Ngigi & 2 others (Environment & Land Case 197 of 2017) [2023] KEELC 20904 (KLR) (19 October 2023) (Ruling)
✦ The costs of the application are to be borne by the plaintiff
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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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Kinyutho v Waweru & another (Environment and Land Appeal E020 of 2021) [2023] KEELC 20866 (KLR) (19 October 2023) (Judgment)
✦ The Appeal is dismissed with costs to the 1st Respondent
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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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Jerop (Suing in her Personal Capacity and as the Administrator of the Estate of Isaac Kiplagat Muigei Deceased) v Kosgei (Enviromental and Land Originating Summons 8 of 2023) [2023] KEELC 20986 (KLR) (19 October 2023) (Judgment)
✦ Plaintiff's claim for adverse possession is upheld, land title is extinguished for Defendant, Plaintiff is awarded 1.2 acres, and the land is to be registered in her name.
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Pardiyio & 3 others (Suing in their Capacity as the Administrators of the Estate of Pardiyo Ole Leisanka Shungea - Deceased) v Kanyoro & 3 others (Being Sued in their Capacity as Administrators of the Estate of Peter Kanyoro Wainaina - Deceased)); The Land Registrar, Kajiado County Land Registry & 2 others (Interested Parties) (Environment & Land Case 107 of 2017) [2023] KEELC 20882 (KLR) (19 October 2023) (Ruling)
✦ The application for review is dismissed with costs to the defendants/ respondents
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Magiri & 4 others v Murigu & 2 others; Gilbert (Applicant) (Environment & Land Case 6 of 2012) [2023] KEELC 20910 (KLR) (18 October 2023) (Ruling)
✦ The court denied the applicant's application to re-open and join the suit and to set aside and stay the execution of the previous judgment.
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Sang v Keter & 4 others (Environment & Land Case E010 of 2023) [2023] KEELC 20879 (KLR) (18 October 2023) (Ruling)
✦ A temporary injunction is granted to restrain the defendants from interfering with the plaintiff's land pending the hearing and determination of the suit.
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Ngotho v Mukuri (Environment and Land Appeal E015 of 2022) [2023] KEELC 21418 (KLR) (18 October 2023) (Judgment)
✦ The court dismissed the appeal and set aside the decision of the Learned Magistrate, finding that the suit land belonged to the late Nyaguthii Kariithi and not the Appellant.
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Chege (Defending and suing in his own behalf and on behalf of the Estate of Njeri Chege) v Kagoni & 2 others (Environment and Land Appeal E076 of 2022) [2023] KEELC 20898 (KLR) (18 October 2023) (Ruling)
✦ The application to stay the dismissal of the appeal is denied, and the appeal is reinstated for determination.
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Kamwere v Mwangi & another (Environment & Land Case E085 of 2022) [2023] KEELC 20890 (KLR) (18 October 2023) (Judgment)
✦ The Court finds in favor of the Plaintiff, cancelling the entries and reverting the title to her name.
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Mbaabu (Suing as the administrator of the Estate of Julius Mbaabu M’Mweti - Deceased) v Wainaina & another (Environment & Land Case 108 of 2017) [2023] KEELC 20739 (KLR) (18 October 2023) (Ruling)
✦ The defendant is ordered to be cited for contempt of court and punished as sought in prayers 5 and 6 of the notice of motion.
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Gatu v Kimani & 2 others (Environment & Land Case 16 of 2020) [2023] KEELC 20883 (KLR) (18 October 2023) (Judgment)
✦ The Court declares that the Applicant has acquired title by adverse possession of 1 acre out of Parcel Kiambu/munyu/1646.
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Kiprotich (Suing on behalf of the Estate of Kiplangat Arap Kerich) v Byegon (Being the administrator of the Estate of Linner Chepkoech Chumo) & 2 others (Environment & Land Case 13 of 2019) [2023] KEELC 20881 (KLR) (18 October 2023) (Ruling)
✦ The court found that the matter was not sub-judice in the High Court and that the court had jurisdiction to hear the matter.
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Mureka v Kenya Rural Roads Authority & 3 others (Environment & Land Petition E001 of 2022) [2023] KEELC 21195 (KLR) (18 October 2023) (Judgment)
✦ The court finds that the Petitioners have proved their case and are entitled to the orders sought, including a declaration of lawful proprietorship and general damages for trespass.
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Wambua (Legal representative of the Estate of Mutwiwa Wambua) v Mwololo & 2 others (Environment and Land Miscellaneous Application 10 of 2022) [2023] KEELC 20930 (KLR) (18 October 2023) (Ruling)
✦ The Court grants the application and deems the appeal as duly filed and served upon payment of the requisite fees.
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Muka Mukuu Farmers Co-operative Society Limited v Somba & another (Environment and Land Miscellaneous Application E011 of 2022) [2023] KEELC 20846 (KLR) (18 October 2023) (Ruling)
✦ The court lacks jurisdiction to determine the application for extension of time to appeal against the decision of the Cooperatives Tribunal due to the lack of evidence about the nature of the dispute.
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Matini v Lagat & another (Environment & Land Case 42 of 2022) [2023] KEELC 21156 (KLR) (18 October 2023) (Ruling)
✦ The court lacks jurisdiction to hear the suit and dismisses the application with no orders as to costs.
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Gichuhi v Muhura (Sued as the Legal Representative of the Estate of Gathimba Karanja - Deceased) & another; Omega (Sued as the Surveyor of the Estate of the Late Gathimba Karanja) (Interested Party) (Environment & Land Case E057 of 2022) [2023] KEELC 20905 (KLR) (18 October 2023) (Judgment)
✦ The Plaintiff's claim is dismissed. The 1st Defendant is ordered to refund Kshs. 200,000 to the Plaintiff.
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Sumbi & another v Keronya (Environment & Land Case 306 of 2017) [2023] KEELC 20849 (KLR) (18 October 2023) (Judgment)
✦ The Defendant is ordered to refund the Plaintiffs the entire purchase price of Kshs. 800,000/=
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Railways Housing Cooperative Society Limited v Thuo t/a Cossy Homes Commercial agency Limited & another (Environment & Land Case E015 of 2021) [2023] KEELC 20850 (KLR) (18 October 2023) (Judgment)
✦ The court found that a valid contract existed between the plaintiff and the defendants, and that the plaintiff was entitled to specific performance.
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Kimau & another v Registrar & 2 others (Environment and Land Constitutional Petition 13 of 2020) [2023] KEELC 20798 (KLR) (18 October 2023) (Ruling)
✦ The court finds the Respondents in contempt of court orders issued on May 28, 2021 and June 4, 2021.
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Mubishi & another (Both are Suing as the Estate's Legal Representative of Daniel Mubishi Mwamba alias Daniel Mubichi Mwamba - Deceased) v Nyange & 2 others (Enviromental and Land Originating Summons E004 of 2020) [2023] KEELC 20888 (KLR) (18 October 2023) (Ruling)
✦ The court finds the objection to the documents filed by the defendants lacking merit and grants leave to file additional witness statements or documents.
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Gikunju v Jacinta Njeri t/a Munjethi Investments & 2 others (Environment and Land Case Civil Suit 411 of 2018) [2023] KEELC 20796 (KLR) (18 October 2023) (Ruling)
✦ The court declines to hear the application of the 1st and 2nd defendants at this stage and directs that the issue be raised during submissions.
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Amollo v Nyandiga & 3 others (Petition 1 of 2022) [2023] KEELC 20757 (KLR) (18 October 2023) (Judgment)
✦ The petition is dismissed.