Kenyan case law
-
Levis v Ongor & 7 others (Environment and Land Appeal E001 of 2023) [2023] KEELC 20698 (KLR) (12 October 2023) (Judgment)
✦ The consent order settled the dispute between the appellant and the 5th respondent, and the trial court did not err in finding that the appellant was not required to prove his case.
-
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.
-
Martha & 2 others v Mwendwa & another (Environment and Land Appeal 6 of 2023) [2023] KEELC 20723 (KLR) (12 October 2023) (Ruling)
✦ The court finds that the preliminary objection is not a true preliminary objection and is not allowed to proceed.
-
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.
-
Kagau v Kagau (Environment and Land Appeal 15 of 2018) [2023] KEELC 22542 (KLR) (12 October 2023) (Judgment)
✦ The court orders that the caution be removed as the Appellant has not given any justifiable reason for the caution to continue and there is no evidence of prejudice to the Appellant if the caution is removed.
-
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.
-
Karungu v Joreth Limited & another (Environment & Land Case 671 of 2009) [2023] KEELC 20813 (KLR) (12 October 2023) (Judgment)
✦ Karungu is entitled to be registered as the proprietor of the suit property by virtue of adverse possession.
-
Kamau v Mbete & another (Environment and Land Appeal 051 of 2020) [2023] KEELC 20973 (KLR) (12 October 2023) (Judgment)
✦ The Appellant failed to prove her claims of fraud/forgery and ownership of the properties. The 1st Respondent proved her counter-claim and was entitled to the orders sought.
-
Munyi v Wanjau & another (Environment and Land Appeal E027 of 2022) [2023] KEELC 20619 (KLR) (12 October 2023) (Judgment)
✦ The Appeal is allowed, the Ruling of the Learned Magistrate is set aside, and an order striking out the suit is substituted.
-
Barasa v Mireri & 2 others (Environment & Land Case E006 of 2023) [2023] KEELC 20565 (KLR) (12 October 2023) (Ruling)
✦ The application is dismissed. Costs in the cause. The matter is to be mentioned on November 2, 2023 to confirm proper service.
-
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.
-
Eremoto v Omolo & 2 others (Environment & Land Case 128 of 2015) [2023] KEELC 20635 (KLR) (12 October 2023) (Ruling)
✦ The application is dismissed with costs to the plaintiff.
-
Ngugi v Ngige; County Government of Olkejuado /Kajiado (Third party) (Environment & Land Case 859 of 2013) [2023] KEELC 20794 (KLR) (12 October 2023) (Judgment)
✦ Ngige's defence is dismissed with costs, and judgment entered as prayer.
-
Ngunjiri & another v Karanja (Environment & Land Case 458 of 2007) [2023] KEELC 20767 (KLR) (12 October 2023) (Ruling)
✦ The application is dismissed with costs as unmerited and an abuse of the court process
-
Munyiri v Gitau & 6 others (Environment & Land Case E021 of 2021) [2023] KEELC 20706 (KLR) (12 October 2023) (Judgment)
✦ The court held that the plaintiff has adverse possession of the land parcel and is entitled to the orders sought.
-
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.
-
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
-
Mbugua (Suing on His Own Behalf and on Behalf of Members of Bedsango River Farmers Group) v Arch Diocese of Nairobi Registered Trustees & 2 others (Environment & Land Case 1177 of 2014) [2023] KEELC 20795 (KLR) (12 October 2023) (Judgment)
✦ The court dismissed the plaintiff's claim for adverse possession and special damages.
-
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.
-
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.
-
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.
-
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.
-
Suresh v Suswa Management Limited & another (Environment and Land Miscellaneous Application E172 of 2022) [2023] KEELC 20771 (KLR) (12 October 2023) (Ruling)
✦ The application is dismissed with costs to the 1st Respondent
-
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.
-
Njoki v Maigwa & another (Environment and Land Appeal E021 of 2022) [2023] KEELC 20815 (KLR) (12 October 2023) (Judgment)
✦ The Court found that the Respondents breached the contract by paying the refund in fourteen instalments instead of the stipulated three. The Court held that the Respondents were in breach of the agreement and that the Appellant's loss was not adequately compensated by the nominal damages awarded.