Kenyan case law
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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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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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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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Jeizan & another v Bayusuf & 3 others (Environment & Land Case 170 of 2017) [2023] KEELC 21057 (KLR) (18 October 2023) (Ruling)
✦ The application for stay of execution pending appeal was granted.
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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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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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Bunde v Osoro & 2 others (Environment and Land Appeal E017 of 2022) [2023] KEELC 20756 (KLR) (17 October 2023) (Ruling)
✦ The appeal is allowed, the judgment of the trial court is set aside, and the appellant is awarded costs.
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Ashitiba v Akafwale (Environment and Land Appeal E027 of 2023) [2023] KEELC 20731 (KLR) (17 October 2023) (Ruling)
✦ The court dismisses the application with costs to the respondent
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Njoroge v Nairobi City County (Environment & Land Case E149 of 2023) [2023] KEELC 20863 (KLR) (17 October 2023) (Ruling)
✦ The application by the Plaintiff herein violates the doctrine of exhaustion and amounts to an abuse of the process of Court in view of the provisions of Section 72 and 73 of the Physical and Land Use Planning Act.
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Maleche (Suing as the Legal Representative of the Estate of Simon Maleche Achesa) v Kutekha & 4 others (Environment and Land Appeal E028 of 2021) [2023] KEELC 20745 (KLR) (17 October 2023) (Judgment)
✦ The judgment of the Subordinate Court is set aside. The respondents' counterclaim is dismissed. The appellant is awarded costs.
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Obiero v Ogola (Environment and Land Appeal 18 of 2022) [2023] KEELC 20742 (KLR) (17 October 2023) (Ruling)
✦ The court grants the respondent's application and allows the respondent's counsel to file and serve the replying affidavit within the next two days.
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Pownall v Faraj (Environment & Land Case E053 of 2022) [2023] KEELC 20781 (KLR) (17 October 2023) (Ruling)
✦ The court granted the application for an interlocutory injunction to restrain the defendant from entering, interfering with, evicting, or dealing with the suit properties pending the hearing and determination of the suit.
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Mwangi v Playstreet Kindergarten Limited (Environment & Land Case E094 of 2023) [2023] KEELC 20864 (KLR) (17 October 2023) (Ruling)
✦ The court has jurisdiction to issue interim reliefs in deserving cases and upon the Plaintiff meeting the settled parameters.
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Kabuku v Githunguri Ranching Company Limited & 2 others (Environment and Land Appeal E051 of 2021) [2023] KEELC 21096 (KLR) (17 October 2023) (Judgment)
✦ The appeal is allowed, and the suit is remitted for fresh trial with the addition of necessary parties and amendments to the plaint.
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Mulama v Makokha (Environment and Land Miscellaneous Application E003 of 2023) [2023] KEELC 20755 (KLR) (17 October 2023) (Ruling)
✦ The court dismisses the application with costs to the respondent
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Kandagor v Yegon & another (Environment and Land Miscellaneous Application E09 of 2023) [2023] KEELC 20803 (KLR) (17 October 2023) (Ruling)
✦ The application is struck out with costs to the respondents.
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Muiruri & another v Thathi & 4 others (Environment & Land Case 23 of 2020) [2023] KEELC 20877 (KLR) (17 October 2023) (Judgment)
✦ The Plaintiffs are the legal owners of the suit land and the transfer to the 1st Defendant was fraudulent and illegal.
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Kipkai Enterprises Limited v Hussein (Environment & Land Case E212 of 2023) [2023] KEELC 20872 (KLR) (17 October 2023) (Ruling)
✦ The court grants the application for a temporary injunction and orders that costs of the application be in the cause.
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Mamba & another v Kariuki (Sued as the legal representative of the Estate of Erastus K Apollo – Deceased) & another (Environment & Land Case 43 of 2021) [2023] KEELC 20752 (KLR) (17 October 2023) (Ruling)
✦ The application is dismissed with costs
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Kwengu & Company Advocates v Raja (Environment & Land Miscellaneous Case E267 of 2022) [2023] KEELC 20861 (KLR) (17 October 2023) (Ruling)
✦ The court found that the taxing officer had the requisite jurisdiction to strike out the bill of costs and that the Deed of Settlement was valid and legally binding.
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Baya v Mwinyikai & 2 others (Environment & Land Case 43 of 2022) [2023] KEELC 20823 (KLR) (17 October 2023) (Ruling)
✦ The application is dismissed with costs to the Defendants.
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Kimeli v Rotich (Miscellaneous Application E004 of 2023) [2023] KEELC 21166 (KLR) (17 October 2023) (Ruling)
✦ The application is dismissed entirely with costs to the respondents.
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Laton & 2 others v Konchellah & 3 others; Sialo (Proposed Defendant) (Environment & Land Case 26 of 2021) [2023] KEELC 20746 (KLR) (17 October 2023) (Ruling)
✦ The Notice of Motion dated 8th of May 2023 is hereby dismissed.
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GM Tanna & Sons Holding Limited & another v Wabuyele (Environment and Land Appeal E006 of 2022) [2023] KEELC 20764 (KLR) (17 October 2023) (Judgment)
✦ The Tribunal's decision was set aside as it was made without jurisdiction. The Tribunal does not have the power to grant an injunction.
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Kemboi (Suing as the legal representative of the Estate of the Late Soti Masai) v Kibet & 2 others (Environment & Land Case 27 of 2022) [2023] KEELC 20735 (KLR) (17 October 2023) (Judgment)
✦ The court found in favor of the plaintiff on all issues, granting injunctive relief and rejecting defendants' claims.