Kenyan case law
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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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Mahiva v Musine & another (Environment and Land Appeal E052 of 2021) [2023] KEELC 20450 (KLR) (3 October 2023) (Judgment)
✦ The court granted the appellant's application for review, finding that there was a glaring mistake on the record regarding the appellant's submissions and that the delay in filing the application was not unreasonable.
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Monirei & another (Suing on Behalf of the Estate of Lekiremu Ole Monirei) v Waiyaki & 2 others (Environment and Land Case Civil Suit 205 of 2017) [2023] KEELC 20326 (KLR) (3 October 2023) (Judgment)
✦ The Court dismisses the Plaintiffs' suit with costs to the Defendants.
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Wanyoike & 2 others v Wainaina & 5 others (Environment & Land Case 321 of 2017) [2023] KEELC 20719 (KLR) (3 October 2023) (Ruling)
✦ The court preserves the land registers and land itself, but does not grant a temporary injunction restraining the plaintiffs from occupying, accessing, or having possession of the land.
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Kenya African National Union v Inspector General Of Police & another (Environment and Land Case 15 of 2019) [2023] KEELC 20449 (KLR) (3 October 2023) (Ruling)
✦ The application is dismissed with costs to the defendants.
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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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MK v CC (Environment & Land Case 33 of 2022) [2023] KEELC 20300 (KLR) (3 October 2023) (Judgment)
✦ The court finds the suit property to be matrimonial property and issues a declaration that the applicant and respondent are entitled to equal rights in the suit property.
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Kasimu v Kasimu (Represented by Collins Musyani Muthangya as Administrator of the Estate of the John Muthanga Kasimu) & another (Environment and Land Appeal 37 of 2021) [2023] KEELC 20557 (KLR) (3 October 2023) (Judgment)
✦ The court found that the trial court did not misdirect itself and that the Appellant did not prove his case on a balance of probabilities.
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Endesia v Odhiambo & another (Environment & Land Case 66 of 2013) [2023] KEELC 20399 (KLR) (3 October 2023) (Ruling)
✦ The application is dismissed with costs to the respondent as the court did not decree the delivery of the suit property to the defendants and the plaintiff's claim for adverse possession was dismissed with 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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Wanzala v Ngira (Environment & Land Case E005 of 2023) [2023] KEELC 20301 (KLR) (3 October 2023) (Ruling)
✦ A conservatory order be issued in terms of a temporary injunction restraining the Defendant from invading, trespassing, alienating, inhabiting, disposing, dealing and/or converting the un-surveyed portion of land measuring approximately 0.047 hectares in Bunyala/Bulemia/3493 pending the hearing.
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Saoli (Suing on his Own Behalf and as an Administrator of the Estate of Leposo Ole Saoli) & 2 others v Saoli (Environment & Land Case 264 of 2017) [2023] KEELC 20284 (KLR) (3 October 2023) (Ruling)
✦ The application is dismissed as the suit is not res judicata and the 1st plaintiff has locus standi.
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Miller & Company Advocates v China Road & Bridge Corporation (Environment and Land Miscellaneous Application 65 of 2019) [2023] KEELC 20410 (KLR) (3 October 2023) (Ruling)
✦ The application is dismissed as the applicant has not established sufficient cause to justify the exercise of the court's discretion in its favour.
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Musau & another v Muindi; Kilonzo & another (Interested Parties) (Environment & Land Case 30 of 2013) [2023] KEELC 20447 (KLR) (3 October 2023) (Ruling)
✦ The Interested Parties are granted leave to file the Notice of Appeal out of time.
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Chebiego & 5 others v County Land Registrar, Elgeyo Marakwet County & another; Bartilol (Interested Party) (Environment and Land Constitutional Petition E010 of 2022) [2023] KEELC 20498 (KLR) (3 October 2023) (Judgment)
✦ The petitioners have failed to prove their pleaded case to the standard required by law, and the petition is dismissed with costs to the respondents and IP.
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Kihagi v Yuchoka & 8 others (Environment & Land Case 923 of 2013) [2023] KEELC 20463 (KLR) (3 October 2023) (Ruling)
✦ The application is dismissed with costs.
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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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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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Jomo v Lwande (Environment and Land Appeal E022 of 2022) [2023] KEELC 20360 (KLR) (3 October 2023) (Ruling)
✦ The appeal is hereby withdrawn with no orders as to costs
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Wanyoike & another v Kenya Medical Research Institute & another (Environment & Land Case 31 of 2020) [2023] KEELC 20657 (KLR) (3 October 2023) (Judgment)
✦ The Court dismissed the appeal, finding that the issues raised do not meet the threshold for appeal and that the parties are not entitled to the relief sought.
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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.
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Murimi & 4 others v Mbithi & another (Environment & Land Case 28 of 2015) [2023] KEELC 20448 (KLR) (3 October 2023) (Ruling)
✦ The Court dismissed the application, finding that the plaintiffs had not provided a valid reason for the delay and that the application was res judicata.
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Nyanumba v Alivisa; Mbaruku (Third party) (Environment & Land Case 166 of 2014) [2023] KEELC 20379 (KLR) (3 October 2023) (Judgment)
✦ The court dismissed the defendant's counterclaim and claim against the third party, and issued a permanent injunction against the defendant.
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Shetandi v Musa Nandwa t/a Nandwa & Company Advocates (Environment & Land Case 19 of 2022) [2023] KEELC 20383 (KLR) (3 October 2023) (Ruling)
✦ The respondent is ordered to render an account for the party and party costs received in Kakamega ELC No. 312 of 2013.