Kenyan case law
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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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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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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.
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Waitiki v Kenya Power & Lighting Co. Ltd (Environment & Land Case 87 of 2012) [2023] KEELC 20977 (KLR) (12 October 2023) (Ruling)
✦ The application is successful, and the court grants a stay of execution pending hearing and determination of the Applicants' intended Appeal before the Court of Appeal.
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Mwangi & 3 others v Kiu-Kenda Co. Ltd & 4 others (Suing Through Samuel Kariuki (Chairman), Samuel Njoroge Mutua Thuku (Secretary), and Joram Kagombe (Treasurer) (Environment & Land Case 196 & 120 of 2014 (Consolidated)) [2023] KEELC 20789 (KLR) (12 October 2023) (Judgment)
✦ The 2nd Plaintiff is entitled to the property LR No 88/5 and the 1st Plaintiff is entitled to the property LR No Kamiti/Anmer Block 4/138.
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Kipyesang v Chepkonga & 2 others (Environment & Land Case 273 of 2017) [2023] KEELC 20602 (KLR) (12 October 2023) (Ruling)
✦ The court dismissed the two applications with no order as to costs.
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Muburi & 2 others (Suing as the administrators of the Estate of Teresa Kirangari Muburi) & 2 others (Suing as the administrators of the Estate of Teresa Kirangari Muburi) v First Credit Exchange Development Limited (Environment & Land Case 61 of 2017) [2023] KEELC 20673 (KLR) (12 October 2023) (Judgment)
✦ The Originating Summons dated 2nd October, 2015 is allowed, and the charge dated 15.8.1990 registered against the property known as LR No 1144/846 is hereby discharged.
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Muthengi (As personal representative of the Estate of William Mukwekwe (Deceased) v Kavili & another (Environment and Land Appeal E12 of 2021) [2023] KEELC 20743 (KLR) (12 October 2023) (Judgment)
✦ The court found the sale agreement void and dismissed the Appellant's claim.
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Gathekia & 3 others v Mukui & 7 others (Environment & Land Case 224 & 517 of 2017 (Consolidated)) [2023] KEELC 20585 (KLR) (12 October 2023) (Ruling)
✦ The application is dismissed entirely with costs to the Respondents.
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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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Mwangi v Ikahu (Environment and Land Miscellaneous Application 17 of 2023) [2023] KEELC 20708 (KLR) (12 October 2023) (Ruling)
✦ The application is allowed in terms of prayer (c). A stay of execution is granted on terms that the Applicant to file his appeal within sixty (60) days. No orders as to costs.
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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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Ocean Engineering Works Limited v SBM Bank Kenya Ltd (Environment & Land Case 112 of 2021) [2023] KEELC 20778 (KLR) (12 October 2023) (Ruling)
✦ The Court dismissed the application.
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Mandala v Oketch & 3 others; National Housing Corporation (Third party) (Environment & Land Case 259 of 2009) [2023] KEELC 20793 (KLR) (12 October 2023) (Judgment)
✦ The Plainti purchased the suit property from Dismas Okungu and Margaret Aketch, and the property did not form part of the estate of Dismas Okungu. The 1st Defendant did not have the capacity to direct the Plainti be evicted nor distressed for rent.
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Lagat t/a Kaptarakwa Enterprises v Salleh & 4 others (Environment & Land Case 393 of 2015) [2023] KEELC 20646 (KLR) (12 October 2023) (Judgment)
✦ The plaintiff is still a member of the defendant's cooperative society and the defendant is not the sole owner of the property.
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Mwilu v Muyanga & another (Environment & Land Case E003 of 2021) [2023] KEELC 20726 (KLR) (12 October 2023) (Judgment)
✦ The originating summons is not properly supported by an affidavit, and the court dismisses the application.
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Republic v District Commissioner (Acting as a delegate of the Minister Under Section 29 of the Land Adjudication Act Cap 284 Laws of Kenya); Okello (Exparte Applicant); Oranya (Interested Party) (Environment and Land Judicial Review Miscellaneous Application E008 of 2021) [2023] KEELC 20644 (KLR) (12 October 2023) (Judgment)
✦ The court found that the Applicant has made a case for the grant of the orders of judicial review sought.
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Miano & another v Chief Land Registrar & 3 others (3rd and 4th Defendant sued on their own and as the personal representative of theEestate of Kaakua Ole Lekalua (Deceased)) (Environment & Land Case E016 of 2022) [2023] KEELC 20811 (KLR) (12 October 2023) (Ruling)
✦ The Plaintiffs have established the grounds for the grant of a temporary injunction.
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Fiolabchem Company Limited & 3 others v Ndule & 7 others (Environment & Land Case 46 & 17 of 2019 (Consolidated)) [2023] KEELC 20618 (KLR) (12 October 2023) (Ruling)
✦ The application is allowed as prayed.
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Mbaka v Mbogo (Environment & Land Case E009 of 2023) [2023] KEELC 20810 (KLR) (12 October 2023) (Ruling)
✦ The court dismissed the application for an interlocutory injunction as the plaintiff failed to establish a prima facie case and failed to demonstrate irreparable injury.
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Gitongu v Mbuci & another (Environment and Land Appeal E037 of 2022) [2023] KEELC 20591 (KLR) (12 October 2023) (Ruling)
✦ The Appellant's Notice of Motion dated 18th January 2023 is ordered dismissed with costs to the Respondents.
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Passaris & another v Maina & 3 others (Environment & Land Case 1256 of 2014 & 1171 of 2013 (Consolidated)) [2023] KEELC 20786 (KLR) (12 October 2023) (Judgment)
✦ The court found that the sale and transfer of LR No. 7741/75 by the 3rd Defendant to the 1st and 2nd Defendants is null and void.
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Moseti (suing as Personal Representative of the Estate of the Late Chrisantus Ongeri) & another v Onsase & 2 others (Environment and Land Case 1201 of 2016 & 396 of 2013 (Consolidated)) [2023] KEELC 20661 (KLR) (12 October 2023) (Judgment)
✦ The defendants' adverse possession claim is upheld, and the plaintiff's case is dismissed. The defendants are awarded title to the portion of land they occupy out of the suit land.
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Republic v Lands Dispute Tribunal Ololunga Division; Nowoi (Exparte Applicant); Ngerechi (Interested Party) (Environment and Land Judicial Review Case 4 of 2018) [2023] KEELC 20596 (KLR) (12 October 2023) (Ruling)
✦ The court dismisses the Notice of Motion Application and orders the Ex-Parte Applicant to serve the Interested Party/Applicant with the substantive Notice of Motion Application dated 7th August, 2009 within seven days.
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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.