Kenyan case law
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Ogoti v County Government of Nyamira & another (Environment and Land Constitutional Petition E001 of 2022) [2023] KEELC 21319 (KLR) (18 October 2023) (Judgment)
✦ The court dismisses the petition and orders each party to bear their own costs.
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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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Amollo v Nyandiga & 3 others (Petition 1 of 2022) [2023] KEELC 20757 (KLR) (18 October 2023) (Judgment)
✦ The petition is dismissed.
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Munene v Nkoroi & another (Environment and Land Appeal E044 of 2022) [2023] KEELC 20899 (KLR) (18 October 2023) (Judgment)
✦ The appeal is dismissed with 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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Kingoina (Suing as the Legal Representative of Jeremiah Kingoina Obego - Deceased) v Kingoina & 3 others (Environment & Land Case 457 of 2013) [2023] KEELC 20819 (KLR) (18 October 2023) (Ruling)
✦ The court dismissed the plaintiff's case against the 1st and 2nd defendants, finding that the land was properly transferred to them. The court also dismissed the plaintiff's case against the 3rd and 4th defendants.
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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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Mutiso & another (Suing as the Legal Representatives of the Estate of Mutiso Mumo Kalai) v Musuu & 4 others (Environment & Land Case 72 of 2008) [2023] KEELC 20845 (KLR) (18 October 2023) (Ruling)
✦ The court has jurisdiction to hear and determine the application for contempt.
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Kimutai v Keter & 4 others (Environment & Land Case E011 of 2023) [2023] KEELC 20878 (KLR) (18 October 2023) (Ruling)
✦ A temporary injunction is granted restraining the defendants from constructing, cultivating, utilizing, selling, charging, leasing, sub-dividing, wasting or otherwise interfering with the plaintiff's land pending the hearing and determination of the suit.
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Motende & 4 others v Mang’ong’o & 6 others (Environment & Land Case 11 of 2021) [2023] KEELC 20821 (KLR) (18 October 2023) (Ruling)
✦ The court allows the plaintiffs' application to amend their plaint to sue as legal representatives of the estates of deceased owners.
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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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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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Gichobi & 6 others v Ngure & another (Environment & Land Case 23 of 2016) [2023] KEELC 20725 (KLR) (18 October 2023) (Judgment)
✦ The suit is dismissed as the issue of land ownership was already adjudicated in a previous lawsuit.
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Mwatu v Ngumbao & another (Environment and Land Appeal E006 of 2023) [2023] KEELC 20738 (KLR) (18 October 2023) (Ruling)
✦ The court rejects the preliminary objection, allows the notice of motion, strikes out the memorandum of appeal, and orders the appellant to file and serve his memorandum of appeal and the Record of Appeal within 30 days.
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Meru Water & Sewerage Services Trustees (MEWASS) & 2 others v M'Mbijiwe (Acting as the Legal Representative of the Estate of the Late Hon. Kabeere M’Mbijiwe) (Environment & Land Case 28 of 2012) [2023] KEELC 20891 (KLR) (18 October 2023) (Judgment)
✦ The court dismissed the appeal and upheld the judgment of the Water Appeal Board.
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M’Muketha v Kimathi & another (Environment and Land Appeal E007 of 2023) [2023] KEELC 20900 (KLR) (18 October 2023) (Ruling)
✦ The application for stay of execution of the decree is dismissed with costs.
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Nzyoka v Kibunyi (Environment & Land Case E032 of 2021) [2023] KEELC 20907 (KLR) (18 October 2023) (Ruling)
✦ The Court grants the Plaintiff's application for transfer of the suit to the Chief Magistrate's Court.
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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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Omare v Ombuna; Ombuna & another (Applicant) (Environment and Land Appeal 3 of 2022) [2023] KEELC 20827 (KLR) (18 October 2023) (Ruling)
✦ The application for substitution is allowed, and Hellen Ombuna and Mary Ombuna Nyangara are substituted as the respondent in the appeal.
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Odede & 3 others v Arunga & 3 others (Constitutional Petition 12 of 2021) [2023] KEELC 21449 (KLR) (18 October 2023) (Ruling)
✦ The application is allowed, and the applicant is enjoined in the matter as the 1st petitioner in place of the deceased.
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Uathimo Farm Limited & another v Attorney General & 8 others (Environment & Land Petition 5 of 2017) [2023] KEELC 21084 (KLR) (18 October 2023) (Judgment)
✦ The 1st Petitioner is the bona de owner of LR No. 9731/2 or any subdivision or plots arising therefrom.
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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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Hamisi v Yusuf (Environment and Land Appeal 65 of 2021) [2023] KEELC 20740 (KLR) (18 October 2023) (Ruling)
✦ The Record of Appeal is struck out with costs.
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Sikuku v Chemutai (Environment and Land Appeal E5 of 2023) [2023] KEELC 21076 (KLR) (18 October 2023) (Ruling)
✦ The application is dismissed with costs
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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.