Kenyan case law
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Kyambi v Deputy County Commissioner - Makueni & 2 others; Mutune & another (Interested Parties) (Judicial Review Miscellaneous Application E004 of 2023) [2023] KEELC 20718 (KLR) (11 October 2023) (Ruling)
✦ The court has the power to enlarge the time for filing the substantive motion within 21 days upon leave of court being granted.
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Nahdy v Omar (Environment & Land Case 237 of 2010) [2023] KEELC 20529 (KLR) (11 October 2023) (Ruling)
✦ The court directs the appointment of a valuer and refers the matter back to the Deputy Registrar to complete the inquiry.
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Laikera v Kalula (Environment & Land Case E015 of 2022) [2023] KEELC 20561 (KLR) (11 October 2023) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Real Capital Limited v Githina & 4 others (Environment & Land Case E095 of 2021) [2023] KEELC 20720 (KLR) (11 October 2023) (Ruling)
✦ The plaintiff's application for an extension of the interlocutory preservatory order is struck out as the order is still in force. The defendants are granted leave to amend their pleadings and bring a counter-claim.
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Harun v Mugambi (Sued as the Legal Representative and Administrator of the Estate of Mugambi Mburugu alias Mugambi M'mburugu – Deceased) (Enviromental and Land Originating Summons 41 of 2019) [2023] KEELC 20553 (KLR) (11 October 2023) (Ruling)
✦ The application is granted, and the suit is reinstated for hearing.
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Wildlife Lodges Limited v County Council of Narok & another (Environment & Land Case 34 of 2019) [2023] KEELC 20538 (KLR) (11 October 2023) (Ruling)
✦ The court found that the 2nd defendant/respondent is in breach of the orders issued by Justice Ojwang on February 2, 2004 and has disobeyed the court's orders.
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Kalinda & 2 others (All suing as the legal representatives of the Estate of Kalinda Mwanga) v Muthami & 2 others (All sued as the legal representatives of the Estate of Muthami Mwanga - Deceased) (Environment & Land Case E046 of 2022) [2023] KEELC 20804 (KLR) (11 October 2023) (Judgment)
✦ The land belongs to the Plaintiffs' and the Defendants' fathers in equal shares.
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Khamisi v Mwamuye & another (Suing as the Personal Representatives of the Estate of the Late Boniface Katana Mwamuye) (Environment and Land Appeal 8 of 2023) [2023] KEELC 20830 (KLR) (11 October 2023) (Judgment)
✦ The Court held that the Learned Trial Magistrate did not err in not awarding the costs of the suit to the Appellant.
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Ngaine (Suing as Legal Representative of the Estate of John Mbeti Muriithi - Deceased) v Kamau & 5 others (Environment & Land Case E339 of 2022) [2023] KEELC 20691 (KLR) (11 October 2023) (Ruling)
✦ The matter shall proceed as an undefended claim against the 2nd and 3rd defendants, with the other defendants given 30 days to file and serve their Trial Bundle.
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Hussein v Washiyambi (Civil Suit 157 of 1995) [2023] KEELC 22600 (KLR) (11 October 2023) (Ruling)
✦ The application is allowed, and the county surveyor Kakamega County is ordered to conduct a survey in sub-dividing land parcel North Wanga/Matungu/1391. The O.C.S Matungu police station is ordered to provide security during the survey exercise. Costs are awarded to the applicant.
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Ngiti v M’Mwereria (Environment & Land Case 64 of 2012) [2023] KEELC 20587 (KLR) (11 October 2023) (Ruling)
✦ The court grants the application, allowing Ngiti to transfer 0.25 acres of land from LR No Nkuene/Kithunguri/1584, and orders Ngiti to pay the defendant's costs.
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Munyekenye & another v Apopo & 4 others (Environment & Land Case E006 of 2023) [2023] KEELC 20642 (KLR) (11 October 2023) (Ruling)
✦ The court denies the application for a permanent injunction and costs in the cause.
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Sorathia & another v Chief Land Registrar & 3 others (Environment & Land Petition 18 of 2020) [2023] KEELC 20620 (KLR) (11 October 2023) (Judgment)
✦ Petition dismissed, cross-petition granted
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Masale v Zonga & another (Environment & Land Case E022 of 2023) [2023] KEELC 20551 (KLR) (11 October 2023) (Ruling)
✦ The court orders an injunction restraining the 1st defendant/respondent from carrying on any construction or dealing with the property pending the hearing and determination of the suit.
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Barasa v Omusugu & another (Environment & Land Case E016 of 2021) [2023] KEELC 20636 (KLR) (11 October 2023) (Ruling)
✦ The application is dismissed with no orders as to costs
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Onsongo v Matara (Environment & Land Case 175 of 2016) [2023] KEELC 20655 (KLR) (11 October 2023) (Judgment)
✦ The court holds that the defendant holds a good title to the land parcel West Kitutu/Mwagichana/2045 measuring 1.59 Ha and dismisses the plaintiff's suit with costs.
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Mutisya v Mwololo (Miscellaneous Application E001 of 2023) [2023] KEELC 20805 (KLR) (11 October 2023) (Ruling)
✦ The court grants the stay of execution pending appeal and grants leave to file the appeal out of time.
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Mohammed & another v Pasha; Gitundu & another (Interested Parties) (Environment & Land Case 27 of 2018) [2023] KEELC 20578 (KLR) (11 October 2023) (Ruling)
✦ Motion to reinstate suit denied
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Ndung’u & 2 others v Mutisya (Environment and Land Miscellaneous Application E039 of 2022) [2023] KEELC 20573 (KLR) (11 October 2023) (Ruling)
✦ The court found that the applicants have adhered to the proper legal process and issued eviction orders against the respondent.
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Njagi v Mwangi & another (Environment & Land Case 252 of 2014) [2023] KEELC 22088 (KLR) (11 October 2023) (Ruling)
✦ The court finds that the plaintiff is the legitimate owner of the land and allows the application to remove the caution and issue an eviction order.
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Atandi & another v Sayo & another (Environment and Land Appeal E008 of 2022) [2023] KEELC 20654 (KLR) (11 October 2023) (Judgment)
✦ The judgment is set aside and the appellants are allowed to file a defense out of time but are condemned to pay thrown away costs.
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Cheboi v Boswony (Environment & Land Case 2 of 2022) [2023] KEELC 20733 (KLR) (11 October 2023) (Judgment)
✦ The plaintiff's claim has no merit and is dismissed with costs to the defendant.
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Mitey v Baseland Property Consultants Ltd & 2 others (Environment & Land Case 56 of 2015) [2023] KEELC 20586 (KLR) (11 October 2023) (Ruling)
✦ The court denied the application for review, finding that the error was not apparent on the face of the record and that the judgment was not subject to review.
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Ogembo v Nzinga (Environment & Land Case E041 of 2022) [2023] KEELC 20595 (KLR) (11 October 2023) (Ruling)
✦ The court grants leave to file appeal out of time, but with conditions.
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Ochengo & another v Ogechi & 3 others (Environment & Land Petition 3 of 2021) [2023] KEELC 20582 (KLR) (11 October 2023) (Ruling)
✦ The orders of dismissal are set aside, and the petition is reinstated. The petitioner's wife is allowed to be substituted in place of the petitioner.