Kenyan case law
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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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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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Baker Street Investment Limited v National Land Commission; Njau (Interested Party) (Environment and Land Judicial Review Case 37 of 2018) [2023] KEELC 20501 (KLR) (2 October 2023) (Ruling)
✦ The application to amend the application is allowed
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Maina v Nyakundi & 2 others (Environment & Land Case 254 of 2020) [2023] KEELC 20504 (KLR) (2 October 2023) (Judgment)
✦ The court finds that the registration of Nairobi/Block/105/5458 in the name of the 1st defendant was fraudulently obtained and cancels it. It also issues a permanent injunction against the defendants and orders the 2nd defendant to rectify the register.
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Ali & 23 others v Kairi & 54 others (Environment & Land Case 011 of 2021) [2023] KEELC 20294 (KLR) (2 October 2023) (Ruling)
✦ The suit will be heard on November 27, 2023.
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Saronera Limited v Were & 2 others (Civil Case E321 of 2022) [2023] KEELC 20295 (KLR) (2 October 2023) (Ruling)
✦ The application is dismissed. The defendants are ordered to bear their own costs.
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South Nyanza Teachers Savings and Credit Cooperative Society Limited v Maseno University (Environment and Land Appeal 5 of 2021) [2023] KEELC 20556 (KLR) (2 October 2023) (Ruling)
✦ The appeal is dismissed with no orders as to costs.
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Dzila v Telcom Kenya Limited & another (Environment & Land Case 39 of 2021) [2023] KEELC 20338 (KLR) (2 October 2023) (Judgment)
✦ The court finds that the plaintiff is the lawful registered owner of the suit property and that the defendants have unlawfully entered into possession and constructed structures on the property.
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Ethics & Anti Corruption Commission v Kalsi & 8 others; National Museums of Kenya & another (Interested Parties) (Environment and Land Case Civil Suit 93 of 2021) [2023] KEELC 20315 (KLR) (2 October 2023) (Judgment)
✦ The Chale Kinondo/Chale Settlement was lawfully established, and the gazettement of Chale Island as a national monument was not an overriding interest that interfered with the issuance of titles to property.
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Yoya v Ochieng & 2 others (Environment & Land Case 46 of 2021) [2023] KEELC 20749 (KLR) (2 October 2023) (Ruling)
✦ The plaintiff's application for adjournment is unmeritorious.
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Kenya Trade and Development Company Limited v Bashari (Environment and Land Case Civil Suit 143 of 2022) [2023] KEELC 20420 (KLR) (2 October 2023) (Ruling)
✦ The application is dismissed in its entirety, and the suit is stayed pending the hearing and final determination of Civil Case ELC No. 125 of 2018.
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Sankok & another v Mwangi (Environment and Land Appeal E012 of 2021) [2023] KEELC 20331 (KLR) (2 October 2023) (Judgment)
✦ The court sets aside the order of specific performance and orders the appellants to refund the deposit of Kshs.100,000 with interest.
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Magendo & another v Miningwo & 3 others (Environment & Land Case 13 of 2021) [2023] KEELC 20472 (KLR) (2 October 2023) (Ruling)
✦ The court denied the application to cross-examine Mr. Daniel Mutiso Ngonze's affidavit.
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Dzila v Telcom Kenya Limited & another (Environment & Land Case 36 of 2021) [2023] KEELC 20257 (KLR) (2 October 2023) (Judgment)
✦ The court finds in favor of the plaintiff, confirming that the plaintiff is the lawful registered owner of the suit property and that the defendants have unlawfully entered and constructed structures on the property.
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Ong’ondo v Ndirangu (Environment & Land Miscellaneous Case 2A of 2023) [2023] KEELC 20327 (KLR) (2 October 2023) (Ruling)
✦ The Preliminary Objection is dismissed.
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Car Importers Association of Kenya v County Government of Mombasa (Constitutional Petition E002 of 2022) [2023] KEELC 20653 (KLR) (2 October 2023) (Judgment)
✦ Judgment in favour of Petitioners, with an order that Petitioner's members have a right to carry out their businesses in the Central Business District of Mombasa Town.
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Damah Alliance Limited v Muthee & another (Environment & Land Case E204 of 2023) [2023] KEELC 20473 (KLR) (2 October 2023) (Ruling)
✦ The court allowed the withdrawal of the suit with no order as to costs, as the suit had not been set down for hearing.
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Gam Holdings Limited v Anyango (Environment and Land Appeal E037 of 2023) [2023] KEELC 20479 (KLR) (2 October 2023) (Ruling)
✦ The court granted the stay of execution pending appeal.
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Muthee & 4 others v Damah Alliance Limited & 7 others; Law Society of Kenya & another (Interested Parties) (Environment & Land Petition E012 of 2023) [2023] KEELC 20385 (KLR) (2 October 2023) (Ruling)
✦ The withdrawal of the petition by the 2nd to 5th Petitioners is allowed with no order as to costs, and the 1st Petitioner is at liberty to proceed with the petition.
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Kenya African National Traders & Farmers Union (Suing Through its Office Bearers Kimani Wanyoike - Chairman), Peter Mugeka Maina - Secretary General and Ibrahim Wanene -Treasurer) v Kilonzo & 8 others (Environment & Land Case 18 of 2017) [2023] KEELC 20701 (KLR) (2 October 2023) (Ruling)
✦ The orders of revival and substitution are set aside
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Biwott & another v Cherogony (Sued as the Administrator of the Estate of Chepkwony Kibiwott Cherogony) & another (Environment & Land Case 43 of 2022) [2023] KEELC 20232 (KLR) (2 October 2023) (Judgment)
✦ The court finds in favor of the plaintiffs, declaring the title deed illegal and fraudulent, ordering the defendant to execute transfer forms, and cancelling the title deed and rectifying the register.
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Maina v Nyakundi & 2 others (Environment & Land Case 254 of 2020) [2023] KEELC 20483 (KLR) (2 October 2023) (Judgment)
✦ The court finds in favor of the plaintiff, declaring the registration of the property in the 1st Defendant's name fraudulent and cancelling it. It also issues a permanent injunction against the defendants from alienating the property.
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Gudka v Ole Koitaat; Sarone & another (Proposed Interested Parties) (Environment & Land Case E001 of 2021) [2023] KEELC 20313 (KLR) (2 October 2023) (Ruling)
✦ The Application is dismissed, and the suit is heard concurrently with the Applicants' other suit.
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Dzombo & 2 others v KCB Bank Kenya Limited (Environment & Land Case E061 of 2022) [2023] KEELC 20474 (KLR) (2 October 2023) (Ruling)
✦ The Court allows the appeal, sets aside the ruling in H.C.C.C. No. 986 of 2003, and remits the matter to the Environment and Land Court for hearing and determination.
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Njeri v Wambui & another (Environment and Land Case Civil Suit 1408 of 2016) [2023] KEELC 20503 (KLR) (2 October 2023) (Ruling)
✦ The plaintiff's application is allowed, and the suit is not struck out. The plaintiff is granted leave to extract, file, and serve the summons to enter appearance out of time, with a deadline of 30 days from the date of the ruling.