Kenyan case law
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Mburu & 7 others v Zucchini Holidings Limited; Minto Travels Limited & another (Proposed Defendant); Equity Bank (Intended Interested Party) (Environment & Land Case 91 of 2010) [2023] KEELC 20435 (KLR) (28 September 2023) (Ruling)
✦ The court declines to grant any restraining orders and gives directions for parties to take a hearing date and mention date in open court.
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Thuo v Githinji (Environment and Land Appeal 97 of 2021) [2023] KEELC 20279 (KLR) (28 September 2023) (Ruling)
✦ The Appeal partially succeeds, and the Ruling of the trial Court is set aside to the extent that status quo is ordered in terms of prayer no 2 of the application dated February 9, 2021.
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Ndirangu v Magua & 2 others (Environment and Land Miscellaneous Application E024 of 2022) [2023] KEELC 20067 (KLR) (28 September 2023) (Ruling)
✦ The application is dismissed as premature and misconceived.
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Orachi v Oridi (Environment and Land Appeal E001 of 2023) [2023] KEELC 20075 (KLR) (28 September 2023) (Ruling)
✦ The application is allowed with costs.
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Thindigua Company Limited v Njunge & 2 others; Kung’u & another (Interested Parties) (Environment & Land Case 2163 of 2001) [2023] KEELC 20376 (KLR) (28 September 2023) (Ruling)
✦ The court has already ruled on the status of Interested Parties and the mediation settlement agreement, and declines to entertain the application.
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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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Abdirahman & another v Mole (Environment & Land Case 1 of 2019) [2023] KEELC 20309 (KLR) (28 September 2023) (Ruling)
✦ The application for review is dismissed. The court's previous ruling to stay the current suit pending the determination of other matters is upheld.
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Okalo v Sofat & 3 others (Environment & Land Case 410 of 2011) [2023] KEELC 20291 (KLR) (28 September 2023) (Judgment)
✦ The court found that it had jurisdiction and that the impugned construction was not in compliance with the relevant laws.
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Keiro & another (Suing as the Chairman and the Secretary of Bellevue Estate Development Association) v Lapfund & 7 others (Environment & Land Case E328 of 2022) [2023] KEELC 20299 (KLR) (28 September 2023) (Ruling)
✦ Both applications are unmerited and dismissed with no orders as to costs.
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Kamau v City Council of Nairobi & another (Environment & Land Case 335 of 2012) [2023] KEELC 20355 (KLR) (28 September 2023) (Judgment)
✦ The court held that the plaintiff owns the property and that the defendant, the City Council of Nairobi, must recognize the plaintiff's ownership.
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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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Langat v District Surveyor, Kericho County & 44 others (Environment & Land Case E001 of 2022) [2023] KEELC 20267 (KLR) (28 September 2023) (Ruling)
✦ The application for Summary Judgment is dismissed as there are triable issues raised by the Defendants.
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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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Siteya (Suing as the Legal Representative of the Estate of Suakei Ole Siteya Korongolo) v Olute & 8 others (Environment & Land Case 116 of 2018) [2023] KEELC 20324 (KLR) (28 September 2023) (Ruling)
✦ The court grants the defendants' motions to withdraw and add new witness statements, amend pleadings, and recall the plaintiff for cross-examination.
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Gichunji v Joreth Limited (Environment & Land Case 513 of 2012) [2023] KEELC 20439 (KLR) (28 September 2023) (Judgment)
✦ The court declared that the estate of Njuguna Gichunji is entitled to LR No. 13330/438 by way of adverse possession.
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Kamwati & another v Elite Paka Service Limited (Environment & Land Case 1377 of 2013) [2023] KEELC 20292 (KLR) (28 September 2023) (Judgment)
✦ The Court finds that the Defendant breached the terms of the Sale and Lease Agreements, trespassed on the Plaintiffs' property, and the Plaintiffs are entitled to the reliefs sought.
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Ndibaru v Koinange (Environment and Land Miscellaneous Application E114 of 2023) [2023] KEELC 20296 (KLR) (28 September 2023) (Ruling)
✦ The application is granted, and the court issues an order for a stay of execution pending the hearing and determination of the appeal.
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Rotich v Chepkoskei & 3 others (Environment & Land Case 52 of 2019) [2023] KEELC 20254 (KLR) (28 September 2023) (Judgment)
✦ The court held that the Plaintiff's claim of adverse possession was not valid due to the Defendants' prior occupation and the land's subdivision.
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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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Karandini v Onyango (Environment and Land Appeal E002 of 2021) [2023] KEELC 20084 (KLR) (28 September 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The appellant is awarded Kshs.100,000 in general damages for trespass on his land parcel No Bukhayo/Bugengi/2715 by the respondent.
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Mungai & another v Cheska Agencies Limited & another (Environment & Land Case 388 of 2017) [2023] KEELC 20437 (KLR) (28 September 2023) (Ruling)
✦ The 1st Defendant's directors are found to be in contempt of the injunctive orders issued by the court.
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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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Rukaria & 15 others v Matumaini Ventures Limited & 6 others (Environment and Land Case Civil Suit 58 of 2008) [2023] KEELC 20346 (KLR) (28 September 2023) (Judgment)
✦ The Plaintiffs are entitled to the orders sought.
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Koech v Koech & 3 others; Jepkorir (Applicant) (Environment & Land Case 15 of 2022) [2023] KEELC 20340 (KLR) (28 September 2023) (Ruling)
✦ The application is dismissed as the applicant lacks locus standi to initiate the substitution application and revival of the suit that had been dismissed for want of prosecution.
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Thuo & another v Gikera & another (Environment & Land Case 72 of 2017) [2023] KEELC 20139 (KLR) (28 September 2023) (Ruling)
✦ The eviction orders cannot issue for want of clarity between the two parcels of land, Loc.2/Kinyona/4192 and Loc.2/Kinyona/94.