Kenyan case law
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Ongaro v Machuka & another (Environment & Land Case 660 of 2016) [2023] KEELC 20773 (KLR) (17 October 2023) (Judgment)
✦ The court dismissed the plaintiff's case with costs, as there is no evidence of trespass by the 2nd defendant into the plaintiff's land parcel No. 1684. The defendants' counterclaim was dismissed without costs.
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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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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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Owano v Jera (Environment and Land Miscellaneous Application E005 of 2023) [2023] KEELC 20727 (KLR) (17 October 2023) (Ruling)
✦ The application is allowed with costs to abide the outcome of the prospective appeal
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Tagaya v Onyango & another (Environment and Land Appeal 5 of 2022) [2023] KEELC 20751 (KLR) (17 October 2023) (Ruling)
✦ The application is dismissed as it has not attained the threshold for review of the court's judgment rendered on 31st January 2023 and is devoid of merit.
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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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Shera v Kirami (Environment and Land Appeal 82 of 2021) [2023] KEELC 21052 (KLR) (17 October 2023) (Judgment)
✦ The Court finds in favor of the Appellant, holding that the land was indeed gifted to him by his grandmother and that the Respondent's possession is not valid.
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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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Abeid v Abdulhussein (Environment & Land Case 31 (OS) of 2022) [2023] KEELC 20777 (KLR) (17 October 2023) (Judgment)
✦ The Applicant has proved his claim for adverse possession and is entitled to the orders sought.
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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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Kiangamwe v Luka & another (Environment and Land Case 32 of 2014) [2023] KEELC 21507 (KLR) (17 October 2023) (Ruling)
✦ The 1st application is allowed, and the 2nd application is dismissed with costs.
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Maganjo & Company Limited & 3 others v Maregwa & 3 others (Environment and Land Appeal E041 of 2022) [2023] KEELC 20801 (KLR) (17 October 2023) (Ruling)
✦ The application is dismissed with costs to the respondents
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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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Lucheli v Lucheli (Environment & Land Case 268 of 2017) [2023] KEELC 20748 (KLR) (17 October 2023) (Judgment)
✦ The court dismisses the plaintiff's case and finds no merit in it.
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Magotsi (Suing as the administrator and personal representative of the Estate of Stephen Likhasi (Deceased) v Makotsi & another (Environment & Land Case 72 of 2016) [2023] KEELC 20754 (KLR) (17 October 2023) (Judgment)
✦ The transfer of the suit property and its subdivisions were unlawful, and the plaintiff is entitled to the reliefs sought.
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Laton & 2 others v Konchellah & 3 others (Environment & Land Case 26 of 2021) [2023] KEELC 20747 (KLR) (17 October 2023) (Ruling)
✦ The court issued an order of stay of execution of the March 23, 2023 judgment pending the hearing and determination of the appeal.
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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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Kirorei & another v Kitita (Environment & Land Case E001 of 2023) [2023] KEELC 20709 (KLR) (17 October 2023) (Ruling)
✦ The notice of motion application is dismissed as the orders were not served within the required timeframe, rendering them invalid.
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Njeru v Gakonyo (Environment and Land Appeal E019 of 2021) [2023] KEELC 22236 (KLR) (17 October 2023) (Judgment)
✦ The appeal is dismissed. The respondent is the rightful owner of the land, and the appellant has no legal claim to it.
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Seleka & 4 others v Leturesh & 16 others (Environment & Land Case 341 of 2019) [2023] KEELC 20784 (KLR) (16 October 2023) (Ruling)
✦ The application for adjournment and cessation of acting by counsel for 7th-9th defendants is denied.
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Wadhwa (As the Legal Representative of the Estate of Deshpal Omprakash Wadhwa) v Mohamed & 4 others (Environment and Land Case 51 of 2012) [2023] KEELC 20824 (KLR) (16 October 2023) (Ruling)
✦ The 1st Defendant's application is dismissed with costs.
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EACC v Njuguna & another (Environment & Land Case 184 of 2010) [2023] KEELC 21059 (KLR) (16 October 2023) (Ruling)
✦ The court granted the 1st Defendant's application, allowing him to be heard on the merits and to re-open the case for his participation.
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Makori v Orango (Environment & Land Case 804 of 2016) [2023] KEELC 20700 (KLR) (16 October 2023) (Judgment)
✦ Makori is the lawful registered proprietor of the land parcel and is entitled to an eviction order and a permanent injunction against Orango.
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Gupta (Suing as the personal representative of the Estate of Dr Rawal Kumar Gupta - Deceased) v Wanjohi & 2 others (Environment & Land Case 142 of 2012) [2023] KEELC 21053 (KLR) (16 October 2023) (Ruling)
✦ The court finds the plaintiff is the rightful owner of the land and the defendants are guilty of encroachment and trespass.
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Gatobu & another v Kinuthia & another (Environment & Land Petition 1 of 2022) [2023] KEELC 20728 (KLR) (16 October 2023) (Ruling)
✦ The application is allowed, and the costs of the application are not provided for.