Kenyan case law
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Nzeghe v Nyarangi (Environment and Land Case Civil Suit 195 of 2012) [2023] KEELC 20375 (KLR) (28 September 2023) (Judgment)
✦ The court finds that the plaintiff, Stella Munanye Nzeghe, owns the suit plot and is entitled to protection from the court.
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Omuya & 4 others v Nawel Business Agencies & 6 others; Nairobi City County & 2 others (Interested Parties) (Environment & Land Case E141 of 2023) [2023] KEELC 20222 (KLR) (28 September 2023) (Ruling)
✦ The 1st Necessary Party is not involved in the sale, survey, subdivision, and subsequent transfer and registration of the plots. The Application is dismissed, and the 1st Necessary Party's name is expunged from the proceedings.
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Nthambiri v Muiruri & 2 others (Environment and Land Appeal 73 of 2021) [2023] KEELC 20280 (KLR) (28 September 2023) (Judgment)
✦ The Appellant succeeded in his claim.
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In the Matter of the late Muhambi Gogo Mwangari (Environment & Land Case 7 of 2017) [2023] KEELC 20069 (KLR) (28 September 2023) (Judgment)
✦ The court declares that the late Muhambi Gogo Mwangari (deceased) is the lawful registered owner of the suit property Kili/Chasimba/374 and held the property on his own behalf and on behalf of the other deceased beneficiaries.
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Jackson (Suing on behalf of Somet Ole Tanyaag) v Sigei (Environment & Land Case E021 of 2021) [2023] KEELC 20110 (KLR) (28 September 2023) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Tajmall Limited v Kenya Urban Roads Authority & 5 others (Civil Case 466 of 2018) [2023] KEELC 20189 (KLR) (28 September 2023) (Ruling)
✦ The application is allowed on the following terms: 7 days to file and serve the amended plaint, leave to file witnesses statements and supplementary bundle, 30 days for defendants to file amended defences if necessary, and costs to the 6th defendant.
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Kahia Transporters Limited v Cabinet Secretary, Ministry of Lands & Physical Planning & 4 others; Lola & 1385 others (Interested Parties) (Environment & Land Petition 11 of 2022) [2023] KEELC 20418 (KLR) (28 September 2023) (Ruling)
✦ The application and the orders sought by the Petitioner/Applicant must succeed.
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Chemitei v Yano & 2 others (Environment & Land Case 12 of 2020) [2023] KEELC 20231 (KLR) (28 September 2023) (Ruling)
✦ The court granted the Plaintiff's application for a stay pending appeal with certain conditions.
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Barsolay v Tiony (Enviromental and Land Originating Summons E007 of 2021 & Environment & Land Case 52 of 2019 (Consolidated)) [2023] KEELC 20237 (KLR) (28 September 2023) (Judgment)
✦ Tiony's case is statute barred and dismissed with costs. Barsolay acquired 13 acres by adverse possession and is entitled to a permanent injunction and the land excised from the defendant's possession.
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Juma (Suing as legal representative of Ochier Owando (Deceased) v Hayer & another (Environment & Land Case E010 of 2023) [2023] KEELC 20304 (KLR) (28 September 2023) (Ruling)
✦ The suit is incompetent and a nullity for being filed out of time and by a party who had no capacity to sue.
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Kipkemei v Cheptalam & 6 others (Environment & Land Case 37 of 2022) [2023] KEELC 20499 (KLR) (28 September 2023) (Judgment)
✦ The plaintiff, as the registered proprietor of the suit property, is entitled to the rights of a registered proprietor of land provided for under Section 24 of the Land Registration Act, 2012 and Section 24 of the Registered Land Act, Cap 300 Laws of Kenya (now repealed). The defendants should be evicted from the suit property and permanently restrained from trespassing into the suit property.
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Somerset Africa Limited & another v Mwangi & 5 others (Environment & Land Case 436 of 2010) [2023] KEELC 20321 (KLR) (28 September 2023) (Judgment)
✦ The Plaintiffs are the registered proprietors of the suit properties and the Titles issued to the 1st and 2nd Defendants are invalid.
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Mghendi v Pepo & another (Environment and Land Case E190 of 2014) [2023] KEELC 20282 (KLR) (28 September 2023) (Judgment)
✦ The court grants the plaintiff a refund of Kshs. 134,000 for the purchase money, with interest, and denies the other prayers for an injunction and mesne profits.
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Kitamaiyu Limited v China Ghansu International Corporation for Technical Corporation Company Limited; Credit Bank Limited (Objector) (Environment & Land Case 128 of 2018) [2023] KEELC 20303 (KLR) (28 September 2023) (Judgment)
✦ The application has no merit and is dismissed with costs in favor of the Objector.
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Nyang’au & another v Mang’era (Suing as an administratix of the Estate of Vincent Matwere Mogaka (Deceased)) (Environment and Land Appeal E019 of 2022) [2023] KEELC 20343 (KLR) (28 September 2023) (Ruling)
✦ The court dismissed the appeal and ordered a stay of execution of the decree and judgment of the Hon. M.C. Nyigei in Nyamira CMCC No 6 of 2020.
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Owuor (Suing as the legal administrator of the Estate of Ishmael Owuor Molo - Deceased) v Oleche (Environment and Land Appeal 8 of 2023) [2023] KEELC 20196 (KLR) (28 September 2023) (Judgment)
✦ The court held that the trial court did not err in law and that the consent order could not be set aside based on the grounds raised.
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Mbindah & another v Mwende & 10 others (Environment & Land Case 32 of 2021) [2023] KEELC 20157 (KLR) (28 September 2023) (Ruling)
✦ The court dismissed the motion to revive the suit as the legal representative of the deceased plaintiff had not sought an extension of time within which the plaintiff could be substituted.
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Kipkemboi & another v Thika Girls High School & another (Environment & Land Case 78 of 2018) [2023] KEELC 20458 (KLR) (28 September 2023) (Judgment)
✦ The primary suit by the plaintis is allowed in terms of prayers (a), (b), (c), (d) and (e). Nominal damages (mesne profits) for trespass in the sum of Kshs1,500,000 are awarded against both defendants. The counterclaim of the 1st defendant against the 2nd defendant is declined. The two defendants shall bear the plainti’s costs of this suit. Execution of the decree will be stayed up to 31/12/2023 to facilitate seamless administration of the national examinations in the school.
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Gathirimu & another v County Land Registrar-Kiambu & another (Judicial Review 5 of 2022) [2023] KEELC 20712 (KLR) (28 September 2023) (Judgment)
✦ The court finds merit in the originating notice of motion and allows it, vacating the caution.
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Busienei v Alphax Colllege Limited; Kenya Forest Service & another (Interested Parties) (Environment & Land Case 159 of 2015) [2023] KEELC 20248 (KLR) (28 September 2023) (Judgment)
✦ The court finds that the plaintiff holds a valid title to the land parcel No. Eldoret Municipality Block/10/183 and that the land is not part of the forest area as claimed by the defendant.
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Wanjohi v Kbara (Environment & Land Case 62 of 2021) [2023] KEELC 20307 (KLR) (28 September 2023) (Judgment)
✦ The Court found no evidence to support the Plaintiff's claim of fraud and ruled that the sale and transfer of the suit land to the Defendant's name by the Plaintiff's father was legal and above board.
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Chesang v Chesang & another (Environment & Land Case 10 of 2017) [2023] KEELC 20229 (KLR) (28 September 2023) (Ruling)
✦ The court sets aside the proceedings of 23/5/2023 and reinstates the defence case, allowing the Applicants to call the remaining four witnesses. The Applicants' counsel is ordered to pay the Respondent costs of Kshs 15,000/=.
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Mburu v Wandimbe (duly appointed by Margaret Wangechi Karicho) (Environment and Land Appeal 10 of 2022) [2023] KEELC 20086 (KLR) (28 September 2023) (Judgment)
✦ The court upheld the measurement of the portion of land purchased by the respondent as 0.793 Ha.
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Digi Telecommunication Systems Limited v O-Keefe & 4 others (Environment & Land Case 26 of 2023) [2023] KEELC 20305 (KLR) (28 September 2023) (Ruling)
✦ The suit and pending application are hereby struck out for being an abuse of the court process.
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Gichuru v Maina & 3 others; Maina & another (Defendant) (Environment & Land Case 125 of 2017) [2023] KEELC 20431 (KLR) (28 September 2023) (Ruling)
✦ The judgment was procedurally entered and the application for setting aside the ex parte judgment is dismissed with costs.