Kenyan case law
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Mutura v Kagombe (Environment and Land Appeal E010 of 2023) [2023] KEELC 20392 (KLR) (5 October 2023) (Ruling)
✦ The Court dismisses the Applicant’s Notice of Motion Application with costs to the Respondent
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Oganga v Were (Environment & Land Miscellaneous Case E004 of 2023) [2023] KEELC 20470 (KLR) (5 October 2023) (Ruling)
✦ The court grants leave to appeal out of time but the applicant must file the appeal within 14 days from the date of this ruling.
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Kariuki & 2 others v Karania (Environment & Land Case 997 of 2015) [2023] KEELC 20531 (KLR) (5 October 2023) (Ruling)
✦ The application is dismissed with no order made.
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Rap Construction Company Limited v Hussein Fakhruddin Mohamedbhai t/a Niessuh Properties LLC & 2 others; Rashida Mansurali Rajabali Virani t/a Lady In White (Counter Claimer); Hussein Fakhruddin Mohamedbhai t/a Niessuh Properties LLC & another (Defendant to the Counterclaim); Chief Land Registrar (Third party) (Environment & Land Case 1 of 2023) [2023] KEELC 20685 (KLR) (5 October 2023) (Judgment)
✦ The court found the transfer and registration of the suit property in favour of the 1st Defendant to be fraudulent and illegal. The Counter-claimant is declared the lawful and legitimate proprietor of the suit property.
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Simiyu v Mukenya & 3 others (Environment & Land Case E002 of 2023) [2023] KEELC 20569 (KLR) (5 October 2023) (Ruling)
✦ The application for injunction is dismissed and the interim orders are vacated.
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Gakuya & another (Suing as the legal representative of the Estate of Jemimah Nyambura Gakuya (Deceased)) v Ngare & another (Environment & Land Case 1214 of 2014) [2023] KEELC 20542 (KLR) (5 October 2023) (Judgment)
✦ The court finds that the plaintiffs' claim is valid and that the title held by the defendant was issued illegally.
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Denka Limited v Rawraw (Environment & Land Case E002 of 2023) [2023] KEELC 20606 (KLR) (5 October 2023) (Ruling)
✦ The court denied the application for a temporary injunction.
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Congregation of the Sisters Saint Mariana of Jesus (K) Suing through Its Registered Trustees v Njuguna & 3 others (Environment & Land Case 31 of 2019) [2023] KEELC 20600 (KLR) (5 October 2023) (Ruling)
✦ The suit is not res judicata, and the preliminary objection is dismissed.
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Kosgei v Meghji (Environment & Land Case E015 of 2022) [2023] KEELC 20535 (KLR) (5 October 2023) (Judgment)
✦ The Court found that Kosgei did not acquire title by adverse possession and dismissed the application.
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Ayoti Distributors Limited v Kenya National Highways Authority (Environment & Land Case E006 of 2023) [2023] KEELC 20361 (KLR) (5 October 2023) (Ruling)
✦ The Court orders the Defendant to allow a site visit and inquiries to determine if the parking lot is on the road reserve.
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Ngugi v Mwangi & another (Environment & Land Case 9 of 2020) [2023] KEELC 20467 (KLR) (5 October 2023) (Ruling)
✦ The Notice of Appeal is not competent as it was lodged beyond the requisite period. The application for stay is dismissed. The Applicant's application to dispense with the production of the original title deed is allowed.
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Igamba v Muchiri (Environment & Land Case 1352 of 2016) [2023] KEELC 20536 (KLR) (5 October 2023) (Ruling)
✦ The court denied the application for leave to appeal out of time.
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Temba & another v Governer Bungoma County Government & 3 others (Environment & Land Case E007 of 2023) [2023] KEELC 20643 (KLR) (5 October 2023) (Ruling)
✦ The plaintiffs lack locus standi to file the suit as the title deed is registered in the name of Maurice Temba Kisabuli, deceased, and there is no nexus between the plaintiffs and the registered owner.
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Ogato v Nyaguthii & another (Environment & Land Case 625 of 2013) [2023] KEELC 20584 (KLR) (5 October 2023) (Ruling)
✦ The application for an order of status quo is dismissed with costs.
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Ngugi v Njoroge (Sued as the Legal Representatives of the Estate of Njoroge Wakuna alias Njoroge Mukuwa, Deceased) (Enviromental and Land Originating Summons E005 of 2022) [2023] KEELC 20394 (KLR) (5 October 2023) (Judgment)
✦ The Court finds that Ngugi has established adverse possession and orders her to be registered as the absolute proprietor of the land.
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Mwaluma v Kiwoi (Sued in her Own Capacity and in her Capacity as Personal Representative and Administrator of the Estate of Hannington Kiwoi) (Environment and Land Appeal 1 of 2023) [2023] KEELC 20628 (KLR) (5 October 2023) (Ruling)
✦ The court granted the stay of execution of the judgment and order in Voi Magistrates Court ELC Number E 39 of 2021 and the award of costs assessed on the 22nd February 2023 pending the hearing and final determination of the appeal.
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Gikonyo & 14 others v National Land Commission & 8 others; Kimani (Contemnor) (Environment & Land Petition 9 of 2019) [2023] KEELC 20464 (KLR) (5 October 2023) (Ruling)
✦ The application is dismissed with costs to the Petitioners.
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Kamau v Nazamdini (Environment & Land Case 37 of 2021) [2023] KEELC 20462 (KLR) (5 October 2023) (Ruling)
✦ The application is allowed, and the time for filing the Notice of Appeal is extended, and a stay of execution is granted.
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Muhindu & another (Suing in their Capacity as the Administrators of the Estate of Elizabeth Mumbi) v Kimani (Sued on her Capacity and her Capacity as the administrator of the Estate of Timothy Kimani Mungai) & another (Environment & Land Case 87 of 2017) [2023] KEELC 20555 (KLR) (5 October 2023) (Ruling)
✦ The application to introduce the documents is dismissed with costs.
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Muthiani & 9 others v Ngumbi & 2 others (As trustees/officials of New Eastleigh Akamba Dancers) & another (Environment & Land Case E024 of 2023) [2023] KEELC 20679 (KLR) (5 October 2023) (Ruling)
✦ The court maintains the status quo pending the hearing and determination of the suit, allowing the plaintiffs to freely access their structures on the property.
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Sikalieh (Suing as the Chairman of Karen Langata District Association) v Kamenwa & 2 others (Environment & Land Petition E056 of 2022) [2023] KEELC 20549 (KLR) (5 October 2023) (Ruling)
✦ The 1st Respondent is found guilty of contempt of court and is summoned to attend open court for mitigation and sentencing.
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Maina v Mwakurauka & 16 others (Environment & Land Case 117 of 2021) [2023] KEELC 20484 (KLR) (5 October 2023) (Ruling)
✦ The court ordered that costs shall be in the cause.
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Gatkim Enterprises Limited v County Government of Nairobi & 3 others (Environment & Land Case 135 of 2015) [2023] KEELC 20566 (KLR) (5 October 2023) (Judgment)
✦ The court finds that the plaintiff has failed to prove its case as against the defendants on a balance of probabilities and dismisses the plaintiff's suit with costs to the defendants.
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Towett & 2 others v Chelagat & 3 others (Environment & Land Case 87 of 2018) [2023] KEELC 20625 (KLR) (5 October 2023) (Ruling)
✦ The court dismisses the plaintiffs' application for a review of the dismissal order and the application to enforce an eviction order. The court also dismisses the plaintiffs' application to revive their suit and substitute the deceased plaintiff with their legal representative.
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Murema Farmers Company Limited v Mwai Company Limited & 2 others (Petition 5 of 2018) [2023] KEELC 20668 (KLR) (5 October 2023) (Judgment)
✦ The Court finds the Petitioner has capacity to lodge the petition and the 1st Respondent has locus standi.