Kenyan case law
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Gituma & another v Manene & another (Being Sued as the Legal Representatives & Administrators of the Estate of Manene Tumanga - Deceased) (Enviromental and Land Originating Summons E017 of 2022) [2023] KEELC 20480 (KLR) (4 October 2023) (Ruling)
✦ The court grants leave to file additional documents
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Mbithi v Mureithi & 2 others; Nairobi City County (Interested Party) (Environment & Land Case 346 of 2019) [2023] KEELC 20489 (KLR) (4 October 2023) (Ruling)
✦ Defendants’ objections to the production of certain documents are upheld
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Nthiwa & 3 others v County Director of Land Adjudication and Settlement (Makueni County) & another; Kimango (Interested Party) (Environment and Land Judicial Review Case 6 of 2019) [2023] KEELC 20717 (KLR) (4 October 2023) (Ruling)
✦ The court will review the ruling dated May 22, 2020, and set aside the ruling if it finds that the court erred in striking out the substantive Notice of Motion.
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East Africa Pentecostal Church Thorugh the Trustees Registered v Bernard (Environment & Land Case 1 of 2023) [2023] KEELC 20497 (KLR) (4 October 2023) (Ruling)
✦ The court issued inhibition and temporary injunction orders to prevent the defendant from dealing with the land and evicting the plaintiff.
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Mbaabu v Cabinet Secretary in Charge of Lands & 5 others (Judicial Review Application E001 of 2023) [2023] KEELC 20512 (KLR) (4 October 2023) (Judgment)
✦ The court dismissed the application.
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Jowi v Oganga (Environment and Land Miscellaneous Application E006 of 2023) [2023] KEELC 20576 (KLR) (4 October 2023) (Ruling)
✦ The application is allowed and the suit is transferred to Ndhiwa Principal Magistrate's Court.
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Lemein v Nabaala; Mutiri & 10 others (Interested Parties) (Environment and Land Case Civil Suit E001 of 2021) [2023] KEELC 20353 (KLR) (4 October 2023) (Ruling)
✦ The defendant/respondent is found in contempt of court orders and is ordered to pay a fine of Kshs 200,000/- and be committed to civil jail for sixty days if the fine is not paid within seven days.
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Sunyai & another v Nguru (Environment and Land Appeal E002 of 2023) [2023] KEELC 20627 (KLR) (4 October 2023) (Ruling)
✦ The court dismissed the application and ordered the stay of proceedings to be lifted.
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Mworia (Suing as the personal representative of the Estate of Francis Ariithi Mworia) v Principal Secretary Ministry of Land, Housing and Urban Development & 3 others (Environment & Land Case 63 of 2015) [2023] KEELC 20456 (KLR) (4 October 2023) (Ruling)
✦ The application to set aside, vary, and vacate the ex parte judgment and proceedings is dismissed.
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Wilson v M’mboroki (Environment and Land Appeal 55 of 2022) [2023] KEELC 20510 (KLR) (4 October 2023) (Ruling)
✦ The court finds no good reason to deny the appellant the enjoyment of the fruits of his judgment and grants the stay of the lower court decree pending the appeal's hearing and determination.
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Sea Star Malindi Limited v County Government of Kilifi (Environment & Land Case 47 of 2006) [2023] KEELC 20329 (KLR) (4 October 2023) (Judgment)
✦ The court finds that the plaintiff is entitled to damages in the amount of Kshs. 11,440,521/=.
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Lubulella & Associates v Kitongi Investments Limited & 2 others (Miscellaneous Application E014 of 2021) [2023] KEELC 20455 (KLR) (4 October 2023) (Ruling)
✦ The court set aside the Taxing Officer's ruling and remitted the bill of costs for re-taxation before a different Taxing Master.
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Ndolo (Suing on behalf of Elizabeth Kamene Ndolo) v Nol Turesh Loitokktok Water and Sanitation Company & 9 others (Environment & Land Case E005 of 2020) [2023] KEELC 20770 (KLR) (4 October 2023) (Ruling)
✦ The Court has jurisdiction to hear and determine the suit.
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Republic v County Government of Narok & another; Ochweri (Exparte Applicant) (Environment and Land Judicial Review Case E002 of 2023) [2023] KEELC 20336 (KLR) (4 October 2023) (Judgment)
✦ The notice of motion application is dismissed, and the parties are to resolve the dispute through an ordinary civil suit.
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Nzioka v Ramu & another (Environment and Land Appeal E034 of 2022) [2023] KEELC 20368 (KLR) (4 October 2023) (Ruling)
✦ The court grants a stay of execution of the judgment pending the final determination of the appeal
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Njoroge & another v Molyn Credit Limited & 3 others (Environment & Land Case 20 of 2023) [2023] KEELC 20713 (KLR) (3 October 2023) (Ruling)
✦ The court vacates the order reserving a date for ruling on the application and directs that the application be heard and determined prior to the main suit.
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Mangale & another v Kenya Electricity Transmision Company (Environment and Land Appeal E002 of 2023) [2023] KEELC 20395 (KLR) (3 October 2023) (Ruling)
✦ The appeal shall be heard by the ELC judge sitting at Malindi
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Birika & 3 others v Seme & another (Miscellaneous Application E008 of 2022) [2023] KEELC 20288 (KLR) (3 October 2023) (Judgment)
✦ The meeting and resolutions of the meeting held on November 14, 2022, were illegal and unlawful, and the removal of the 1st to 3rd Applicants as the bona-fide office bearers of the 4th Applicant is illegitimate and unlawful.
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Eunice Wanjiru Kaigai t/a Safariline Africa v Njapit & 3 others (Suing as the Administrators of the Estate of Nelson Sanaet Njapit); Land Registrar, Narok North/ Narok South Districts (Interested Party) (Environment and Land Appeal E005 of 2023) [2023] KEELC 20286 (KLR) (3 October 2023) (Ruling)
✦ The notice of motion application dated May 25, 2023 is hereby dismissed with no orders as to costs
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Omar v Obondo (Environment and Land Appeal E012 of 2023) [2023] KEELC 20631 (KLR) (3 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Mulei & another v Ndululu & another (Environment & Land Case 3 of 2022) [2023] KEELC 20558 (KLR) (3 October 2023) (Judgment)
✦ The court holds that the claim by the 1st Defendant that his father purchased a portion of the suit land from the 1st Plaintiff's father is the same claim as was before the courts in the previous suit and the appeal. The court finds that the 1st Defendant is not a trespasser and the 1st Plaintiff is entitled to the prayers sought in the plaint.
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Kenya Institute of Business & Technology & 2 others v Kandie & 2 others (Environment & Land Case E026 of 2023) [2023] KEELC 20406 (KLR) (3 October 2023) (Ruling)
✦ The court found that the 1st plaintiff is the registered proprietor of the land and that the suit is not sub-judice or res judicata. The defendants are not in actual and lawful possession of the suit property, and the applicants are entitled to an order of temporary injunction.
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Obuya v Okello & 2 others (Environment and Land Appeal E56 of 2022) [2023] KEELC 20452 (KLR) (3 October 2023) (Ruling)
✦ The application is compromised and determined. The status quo on the suit land, LR No 1573/Kaksingri West 'B', is maintained pending the hearing and determination of this appeal. The respondents shall not erect any permanent structure thereon or carry out any excavation or destruction of the suit land, and the applicant shall not sell or dispose of the land during the said period.
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Obulemere v Mariko (Environment & Land Case 255 of 2014) [2023] KEELC 20382 (KLR) (3 October 2023) (Judgment)
✦ The court dismisses the plaintiff's suit and the defendant's counterclaim, and orders the plaintiff and his family to remain in occupation of the land as confirmed in the reports.
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Kore Forest Limited v Attorney General & 3 others; Patel (Interested Party) (Environment & Land Case 245 of 2021) [2023] KEELC 20412 (KLR) (3 October 2023) (Ruling)
✦ The court enjoins the applicant as an interested party and varies or sets aside the consent judgment regarding plot No. LR Kwale/Msambweni 'A' 1706.