Kenyan case law
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Bongoi v Barno & another (Environment & Land Case 71 of 2016) [2023] KEELC 20233 (KLR) (27 September 2023) (Ruling)
✦ The court dismissed the application as the plaintiff failed to meet the threshold for the orders sought and the defendants' arguments were well-founded.
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Nabea v Tigania East District Land Adjudication and Settlement Officer & another; Muriungi (Interested Party) (Judicial Review E008 of 2022) [2023] KEELC 20160 (KLR) (27 September 2023) (Judgment)
✦ The court quashed the proceedings, findings, and decision made by the 1st respondent.
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Meegan v Lengeny (Environment & Land Case 9 of 2019) [2023] KEELC 20059 (KLR) (27 September 2023) (Judgment)
✦ The Defendant is not in possession of all title deeds. The Plaintiff sold some parcels. The Defendant is not entitled to any of the Plaintiff's land. Costs follow the event.
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Kuya & another v Kamau; Waruimbo (Interested Party) (Environment & Land Case 50 of 2014) [2023] KEELC 20210 (KLR) (27 September 2023) (Judgment)
✦ The court found that the Defendant fraudulently acquired the land and ordered the Defendant to remove any structures from the property and transfer it back to the estate of the deceased.
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V. Chokaa & Co. Advocates v County Government of Mombasa (Environment and Land Miscellaneous Application E026 of 2022) [2023] KEELC 20066 (KLR) (27 September 2023) (Ruling)
✦ The application is granted, and judgment is entered for the plaintiff in the sum of Kshs 126,926.90 in accordance with the certified costs.
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Gatuma v Kiragu; Mihari & 9 others (Interested Party) (Environment & Land Case 189 of 2017) [2023] KEELC 20153 (KLR) (27 September 2023) (Ruling)
✦ The application is allowed as prayed.
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Jefwa & 430 others (The Names of the other 427 Plaintiffs Above-Stated are Stated in the Authority to File Suit and List Exhibited on the Affidavit in Support of the Application Herein) v Zumzum Investments Limited; Regional Container Freight Station Ltd & 3 others (Interested Parties) (Environment & Land Case 139 of 2020) [2023] KEELC 20141 (KLR) (27 September 2023) (Ruling)
✦ The application is dismissed with costs as the Environment and Land Court has no jurisdiction to review the decisions of the High Court of Concurrent Jurisdiction.
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Mbugu & another v Gitau & 2 others (Environment & Land Case 285 of 2016) [2023] KEELC 20147 (KLR) (27 September 2023) (Judgment)
✦ The 1st Plaintiff is not a bonafide purchaser and the agreement of sale is invalid.
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Bebiji Petroleum Limited v Wanjiku & 3 others (Environment & Land Case 562 of 2012) [2023] KEELC 20234 (KLR) (27 September 2023) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Malungu v Kimeu (Environment & Land Case 176 of 2017) [2023] KEELC 20183 (KLR) (27 September 2023) (Ruling)
✦ The court granted the injunction restraining the Defendant from entering, trespassing, cutting down trees and interfering with Plot No. Nzaui/Masumba/461 and the existing boundary between the said Plot and Plot No. Nzaui/Masumba/341 pending the hearing and determination of this suit.
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Landluck Investments Limited v Njoroge & 2 others (Environment and Land Appeal E010 of 2023) [2023] KEELC 20166 (KLR) (27 September 2023) (Judgment)
✦ The issue of time bar is struck out as the cause of action occurred in July 2021, and the suit was filed within the 12-year statute of limitations.
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Simon v Adel (Environment & Land Case E006 of 2023) [2023] KEELC 20251 (KLR) (27 September 2023) (Ruling)
✦ The court maintains the status quo over the suit land and does not effect the notice of eviction (MOS-02) pending the hearing and determination of sub judice and jurisdiction issues.
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Chigulu v Gwabi (Environment and Land Appeal 80 of 2021) [2023] KEELC 20096 (KLR) (27 September 2023) (Judgment)
✦ The court dismissed the appeal and the suit, finding that the appellant failed to prove his case on a balance of probabilities.
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Nchebere & another v Bundi & another (Environment and Land Appeal 111 of 2019) [2023] KEELC 20421 (KLR) (27 September 2023) (Ruling)
✦ The application for stay of execution of the decree is dismissed, and the injunction is denied.
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Geoffrey v Mwirebua & another (Environment & Land Case E010 of 2023) [2023] KEELC 20112 (KLR) (27 September 2023) (Ruling)
✦ A temporary injunction was granted to restrain the defendants/respondents from alienating, selling, leasing, encroaching, interfering, wasting, constructing further, or otherwise dealing with the land parcel Nkuene/Upper Mikumbune/1080 and Nkuene/Upper Mikumbune/1081 which form part of the estate of the deceased.
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Republic v Deputy County Commissioner Igembe South Sub County & another; M'mwereri (Interested Party); Kithure (Exparte Applicant) (Judicial Review Application E16 of 2022) [2023] KEELC 20344 (KLR) (27 September 2023) (Ruling)
✦ The court stays the execution of the judgment and reviews the decision regarding the Land Adjudication Officer's award and the appeal to the Minister.
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Gitau v Board of Management Uhuru Primary School (Environment & Land Case 582 of 2013) [2023] KEELC 20185 (KLR) (27 September 2023) (Judgment)
✦ The suit and counterclaim are hereby dismissed with no order as to costs.
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Rapando v Ojwang (Sued as the leg rep of Oundo Mallo (Deceased) & 5 others (Environment & Land Case E020 of 2022) [2023] KEELC 20076 (KLR) (27 September 2023) (Ruling)
✦ The court allows the Notice of Motion and issues an order of temporary injunction and inhibition pending the hearing and determination of the suit.
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V Chokaa & Co Advocates v County Government of Mombasa (Environment and Land Miscellaneous Application E012 of 2022) [2023] KEELC 20120 (KLR) (27 September 2023) (Ruling)
✦ The application is granted as prayed.
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Munyao v Inspector General of Police & 3 others (Environment & Land Petition E007 of 2020) [2023] KEELC 20174 (KLR) (27 September 2023) (Judgment)
✦ The state cannot deprive a person of their property without full, prompt and just compensation
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Orata International Limited v Director General National Environmental Management Authority (Environment and Land Appeal E008 of 2021) [2023] KEELC 20042 (KLR) (27 September 2023) (Judgment)
✦ The Appellant’s appeal lacks merit and is dismissed
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Naibae v Muriuki & another (Enviromental and Land Originating Summons E018 of 2021) [2023] KEELC 20072 (KLR) (27 September 2023) (Judgment)
✦ The court found that Naibae has not proved his claim for adverse possession as he did not prove that he was dispossessed or discontinued possession of the suit land for a continuous statutory period of twelve years.
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Oddiaga v Kilonzo (Cause 148 of 2022) [2023] KEELC 20261 (KLR) (27 September 2023) (Ruling)
✦ The Notice of Motion application is found to have merit and is allowed in its entirety. The case is transferred to the Mombasa Environment and Land Court and consolidated with the instant suit.
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Tanui v Amin (Environment & Land Case 28 of 2021) [2023] KEELC 20240 (KLR) (27 September 2023) (Judgment)
✦ The Plaintiff has met the conditions for adverse possession and the Defendant's right over the land was extinguished by adverse possession.
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V Chokaa & Co Advocates v County Government of Mombasa (Environment and Land Miscellaneous Application E010 of 2022) [2023] KEELC 20117 (KLR) (27 September 2023) (Ruling)
✦ The application is granted as prayed.