Kenyan case law
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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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Araka & another v Akuma (Environment & Land Case E001 of 2023) [2023] KEELC 20651 (KLR) (11 October 2023) (Ruling)
✦ The application for injunction is dismissed as the applicants have not demonstrated a prima facie case.
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Gacheri v Gatobu (Environment and Land Appeal E041 of 2023) [2023] KEELC 20616 (KLR) (11 October 2023) (Ruling)
✦ Allow an injunction and inhibition pending appeal to last for one year
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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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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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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.
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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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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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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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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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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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Mungania (Suing as the Administratrix of the Estate of the Late M'mungania M'imbwi - Deceased) v Muriira (Sued as an Administratrix of the Estate of the Late Lawrence Muriira M'thiruane - Deceased) & another (Environment & Land Case E005 of 2021) [2023] KEELC 20552 (KLR) (11 October 2023) (Judgment)
✦ The court dismissed the plaintiff's claim for adverse possession.
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Mwega v Kailutha & 4 others (Environment and Land Case E015 of 2021) [2023] KEELC 20594 (KLR) (11 October 2023) (Ruling)
✦ The court finds the clerical mistake in defining the suit land genuine and curable, allowing the plaintiff to execute the final decree.
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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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Nova Holdings Limited v Waithera & 5 others (Environment & Land Case 83 of 2022) [2023] KEELC 22571 (KLR) (11 October 2023) (Ruling)
✦ The court finds that the Notice of Motion application has no merit and that the parties are not entitled to the reliefs sought.
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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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Wanjala & 12 others v Musioma & others (Environment & Land Case 300 of 2004) [2023] KEELC 20670 (KLR) (11 October 2023) (Ruling)
✦ The judge orders that the plaintiffs' witness in the main suit shall give their evidence in chief, followed by the 1st cross examination by Mr Osoro, then followed by 1st - 5th defendants. Defendants are at liberty to further cross-examine the witness for any clarifications.
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Alavi (Suing as the Administrator & Legal Administrator of the Estate of Mohamed Farouk Alavi, (Deceased) v Kofa & 4 others (Environment & Land Case E081 of 2022) [2023] KEELC 20530 (KLR) (11 October 2023) (Ruling)
✦ The application was granted, and the Defendants were restrained from dealing with the suit property pending the hearing and determination of the suit.
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Gatatha Farmers Company Limited v Chemtingei & 3 others; Kaitet Tea Estates (1977)Limited & another (Interested Parties) (Environment & Land Case 9 of 2023) [2023] KEELC 20564 (KLR) (11 October 2023) (Ruling)
✦ The Power of Attorney was not properly registered with the relevant government office before being filed in court.
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Mwambia v Ncooro & 3 others (Environment & Land Petition E002 of 2023) [2023] KEELC 20572 (KLR) (11 October 2023) (Judgment)
✦ The court found the petition did not meet the threshold of a constitutional petition as it lacked sufficient particulars.
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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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Nyundo & 2 others v Kindia & 2 others (Environment & Land Case 204 of 2017) [2023] KEELC 20605 (KLR) (11 October 2023) (Judgment)
✦ The Plaintiffs are entitled to permanent injunction against the Defendants to restrain them from interfering with the suit land.
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Nyabande & another v Mumbo & another (Environment and Land Appeal E010 of 2023) [2023] KEELC 20663 (KLR) (9 October 2023) (Ruling)
✦ The application for a temporary stay of execution of the lower court judgment is allowed on certain terms.
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Wangay Farmers Self Group 7 & 70 others v Adano & 8 others (Environment & Land Petition E001 of 2023) [2023] KEELC 20514 (KLR) (9 October 2023) (Ruling)
✦ The court orders the consolidation of Petition E001 of 2023 with Isiolo ELC No 001 of 2022 and directs the parties to comply with Order 11, CPR within 30 days of the judgment.
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Koin & 5 others v Kikonyo & 5 others (Environment & Land Petition E004 of 2022) [2023] KEELC 20490 (KLR) (9 October 2023) (Judgment)
✦ The petition dated 26th April, 2022 is dismissed with no orders.