Kenyan case law
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Mudembei & another v Malembi & another (Environment & Land Case 3 of 2020) [2023] KEELC 20613 (KLR) (13 October 2023) (Judgment)
✦ The Plaintiffs have proved their case on a balance of probabilities and the judgment is in their favour.
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Raphael & another (Suing as administrators of the Estate of Raphael Chacha Marwa) v Maroa (Environment and Land Appeal E001 of 2022) [2023] KEELC 21136 (KLR) (13 October 2023) (Judgment)
✦ The appeal is allowed, the ruling of the lower court is set aside, and the case is remitted to a different magistrate for hearing and determination.
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Gisiri v Ng’era (Environment & Land Case 128 of 2018) [2023] KEELC 20941 (KLR) (13 October 2023) (Judgment)
✦ The Court declares the Applicant to have acquired adverse possession of part of the land parcel and orders the Respondent to execute transfer instruments to register the Applicant as the absolute proprietor of the 9.5-acre portion.
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Kamau v Owiti & 2 others; Osugo & another (Interested Parties) (Environment & Land Case 30B of 2013) [2023] KEELC 20645 (KLR) (13 October 2023) (Ruling)
✦ The court held that the Applicant did not meet the threshold for joinder as Interested Parties in this suit.
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Singh v Kenya Ports Authority & 3 others (Environment and Land Constitutional Petition E027 of 2022) [2023] KEELC 20832 (KLR) (12 October 2023) (Ruling)
✦ The court allows the application to add Kenya Railways Corporation and Kenya National Highways Authority as respondents and grants leave for the 1st Respondent to amend its response.
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Republic v Land Registrar, Narok County; Okello (Interested Party); Leparakuo (Exparte Applicant) (Environment and Land Judicial Review Case E022 of 2022) [2023] KEELC 20563 (KLR) (12 October 2023) (Judgment)
✦ The court finds no reason to interfere with the Registrar's decision and dismisses the Notice of Motion Application.
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Tuikong v Tuikong & 3 others (Environment & Land Case 307 of 2012) [2023] KEELC 20686 (KLR) (12 October 2023) (Judgment)
✦ The Plaintiff has failed to prove his claim and the suit is hereby dismissed with costs to the Defendants.
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Kisira & 7 others v Juma & 4 others (Environment & Land Case 88 of 2021) [2023] KEELC 22644 (KLR) (12 October 2023) (Judgment)
✦ The court finds that the plaintiffs are the registered owners of the suit properties and are entitled to protection of the titles as provided for under the Land Registration Act No. 3 of 2012. The defendants are found to have trespassed on the plaintiffs' property.
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Okedo v Buluma & another (Environment & Land Case 141 of 2014) [2023] KEELC 20601 (KLR) (12 October 2023) (Judgment)
✦ The 2nd Defendant’s registration as proprietor of the land parcel NO SOUTH TESO/ANGOROMO/1601 is cancelled and the same to be restored to the Plaintiff. The 1st and 2nd Defendants are ordered to meet the Plaintiff’s costs.
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Kariuki & another v Njau & another (Environment & Land Case 232 of 2010) [2023] KEELC 20787 (KLR) (12 October 2023) (Ruling)
✦ The 2nd Plaintiff is in disobedience of the court order and is ordered to comply.
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Okong’o v Omamo & 4 others; Ogwang & another (Interested Parties) (Environment & Land Case 26 of 2015) [2023] KEELC 20640 (KLR) (12 October 2023) (Ruling)
✦ The Applicants' application succeeds or fails on only one issue: whether the 1st, 2nd, and 3rd Defendants' legal representatives acted for the Applicants without instructions.
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Alal & another v Owiyo & 4 others (Environment & Land Case 52 of 2019) [2023] KEELC 20677 (KLR) (12 October 2023) (Ruling)
✦ The application is allowed, and the court issues a temporary injunction and a restriction order. The 1st Respondent is granted leave to join additional respondents and amend the Originating Summons.
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Chuchu & 5 others v Karoki (Environment and Land Case Civil Suit 121 of 2018) [2023] KEELC 20934 (KLR) (12 October 2023) (Ruling)
✦ The court grants the application for leave to amend the plaint to join four additional defendants.
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Kasanga v Miriti & 3 others (Environment & Land Case 160 of 2009) [2023] KEELC 20763 (KLR) (12 October 2023) (Judgment)
✦ The court finds that the plaintiff is the bona fide owner and proprietor of Plot B71.
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Kabeho Housing Co Ltd v Mbugua & 2 others (Environment and Land Appeal 6 of 2018) [2023] KEELC 20647 (KLR) (12 October 2023) (Ruling)
✦ Only the 2nd respondent is awarded costs of the withdrawn appeal, with the 3rd respondent bearing its own costs.
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Chelimo & another v Bunei & another (Environment & Land Case 1 of 2022) [2023] KEELC 20667 (KLR) (12 October 2023) (Judgment)
✦ The appeal is dismissed with costs.
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Community Housing Co-operative Society Ltd v Joseph Kimani Mbugua t/a Kimson Holdings Ltd (Environment & Land Case 2 of 2022) [2023] KEELC 20571 (KLR) (12 October 2023) (Ruling)
✦ Plaintiff is entitled to an interlocutory injunction pending the outcome of the suit
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Ngung’u & another v Gathii (Environment and Land Appeal 11 of 2022) [2023] KEELC 20574 (KLR) (12 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent.
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Koech v Langat (Environment & Land Case 264 of 2014) [2023] KEELC 20666 (KLR) (12 October 2023) (Judgment)
✦ The court finds that the Plainti is entitled to the orders sought in the Counter-claim.
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Rombosia v Murunga & 7 others (Environment & Land Case 15 of 2018) [2023] KEELC 20614 (KLR) (12 October 2023) (Judgment)
✦ The court finds that the plaintiff has not discharged his burden of proof and dismisses the suit.
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Republic v National Land Commission & 2 others; Eastern Produce Kenya Limited & 4 others (Exparte Applicants) (Judicial Review Application 6 of 2020) [2023] KEELC 20855 (KLR) (12 October 2023) (Judgment)
✦ The amended Notice of Motion Application is meritorious, and the proceedings are null and void.
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Maritim v Malit & 8 others (Environment & Land Case 156 of 2014) [2023] KEELC 22636 (KLR) (12 October 2023) (Ruling)
✦ The court granted a stay of execution pending appeal on condition that the Applicants deposit the sum of Kshs.350,000 in court within 30 days.
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Oseko (Suing as a Personal Representative of Joseph Oseko Momanyi or Momanyi Oseko) v Momanyi & 3 others; Momanyi (Interested Party) (Environment & Land Case E004 of 2023) [2023] KEELC 20629 (KLR) (12 October 2023) (Ruling)
✦ An interlocutory injunction is issued restraining the Defendants and/or anybody deriving Title from the Defendants from selling, leasing, transferring, alienating, disposing of or in any other manner transacting with the land parcel number 67 Keneni Isoge Settlement Scheme or any part thereof.
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Ndengwa v Dandora Juakali Association (Environment & Land Case 89 of 2013) [2023] KEELC 20641 (KLR) (12 October 2023) (Judgment)
✦ The plaintiff's suit was void ab initio as it was mounted against a non-existent legal entity.
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Stephen Juma Onyango t/a Intime Auctioneers v Kuria & 21 others (Environment and Land Civil Miscellaneous Application E004 of 2023) [2023] KEELC 20681 (KLR) (12 October 2023) (Ruling)
✦ The application is dismissed with no orders as to costs as it was not opposed.