Kenyan case law
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Nguyo v Nzioki; Mulwa (Intended Defendant) (Environment & Land Case 223 of 2018) [2023] KEELC 20211 (KLR) (27 September 2023) (Ruling)
✦ The application is allowed, and Bernard Mutinda Mulwa and Jackson Muisyo Mulwa are joined as the legal representatives of the estate of John Mulwa Nzioki.
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Ushago Diani Investment Limited v Abdulwahab (Environment & Land Case 12 of 2023) [2023] KEELC 20213 (KLR) (27 September 2023) (Ruling)
✦ The court dismissed the Defendant's preliminary objection.
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Daistar Autocare Center & 2 others v Ghatahora (Environment and Land Appeal E028 of 2023) [2023] KEELC 20083 (KLR) (27 September 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondent.
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Mauya & another (Suing on Behalf of Ann Kerubo, Joel Karasi, Michelle Gechemba & Abel Omete as Guardians) v Omete & 2 others (Environment and Land Appeal E014 of 2023) [2023] KEELC 20277 (KLR) (27 September 2023) (Ruling)
✦ The court does not have the power to grant a stay of execution of a negative order, and therefore, the caution in place over the suit properties will remain in force until the hearing of the appeal.
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Kililo v Mwaigho (Environment and Land Appeal 16 of 2022) [2023] KEELC 20136 (KLR) (27 September 2023) (Judgment)
✦ The Appellant's title to Plot No 177 was found to be manumitted by serious irregularities, and the Appellant cannot be said to be a bona fide purchaser without notice of fraud. The Appeal is dismissed with costs to the Respondent.
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Mwene Munda Welfare Association & 8 others (Suing through its Chairman, Secretary and Organizing Secretary) Duncan Kamba, Kavili Mbiti & Muthui Musembi) v Kitui County Government; Katoteni Nguamuka Farmers Environment Conservation (Interested Party) (Through its patron, organizing Secretary and Chairman respectively (Benson Kyalo Nguthu, Josephat Nguu Ndonga & Josephat Mwove Minda) (Environment & Land Petition 15 of 2021) [2023] KEELC 20330 (KLR) (26 September 2023) (Judgment)
✦ The Petition is dismissed as it lacks merit.
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Ndung’u & 12 others v Mwangi & 5 others (Environment and Land Appeal 31 of 2022) [2023] KEELC 20363 (KLR) (26 September 2023) (Judgment)
✦ The appeal is partially successful, with the trial court's judgment set aside and the primary suit and counterclaim struck out.
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Kirui v Kipkurgat (Environment and Land Appeal 40 of 2022) [2023] KEELC 20001 (KLR) (26 September 2023) (Ruling)
✦ The application is dismissed with costs to the Respondent as the Appellant has not satisfied the conditions for stay.
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Chaudhri & Associates v Registered Trustees of Sheikh Zayed Bin Sultan Al- Nahyan (Miscellaneous Application E203 of 2022) [2023] KEELC 20335 (KLR) (26 September 2023) (Ruling)
✦ The court granted the extension of time to file the reference.
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Kemoni & another v Omwoyo (Environment & Land Case 105 of 2021) [2023] KEELC 20312 (KLR) (26 September 2023) (Ruling)
✦ The Court dismisses the Plaintiffs' application with costs.
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Kingorani EPZ Limited v Twaweza Kenya Apparel (EPZ) Limited (Environment & Land Case 149 of 2022) [2023] KEELC 20142 (KLR) (26 September 2023) (Ruling)
✦ The court orders the status quo maintained pending the hearing and determination of the suit.
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Mutisya v Mbuvi & another (Environment and Land Appeal 18 of 2021) [2023] KEELC 20308 (KLR) (26 September 2023) (Judgment)
✦ The court finds the sale agreement invalid due to lack of capacity to sell and other legal defects.
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In re Wilfred Muriithi Kinyua (Applicant) (Environment & Land Miscellaneous Case E135 of 2023) [2023] KEELC 20089 (KLR) (26 September 2023) (Ruling)
✦ The Court has the jurisdiction to issue vesting orders as the confirmation of the grant is sufficient to effect a transfer of title by way of transmission.
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Tallam & 4 others v Kibingor (Environment and Land Appeal 41 of 2019) [2023] KEELC 19997 (KLR) (26 September 2023) (Judgment)
✦ The court found that the orders granted are not enforceable due to the 2nd to 5th Appellants not being parties to the tribunal proceedings and the orders sought in the Notice of Motion are at variance with the orders issued by the tribunal.
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Makenzi & another v Yeshe (Environment & Land Case 109 of 2022) [2023] KEELC 20154 (KLR) (26 September 2023) (Judgment)
✦ The Plaintiffs have proven their case and the Defendant is ordered to provide necessary completion documents for the transfer of the suit land.
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Omar & another v Shariff (Environment & Land Case 210 of 2018) [2023] KEELC 20101 (KLR) (26 September 2023) (Judgment)
✦ The case is Res Judicata, and the suit is dismissed with costs.
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Chaudhri & Associates v Registered Trustees of Sheikh Zayed Bin Sultan Al- Nahyan (Miscellaneous Application E202 of 2022) [2023] KEELC 20349 (KLR) (26 September 2023) (Ruling)
✦ The court granted the extension of time to file the reference.
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Langat v Tuimising & 2 others (Sued as Officials of Kosia Set Kobor Self Help Group) (Environment & Land Case 243 of 2017) [2023] KEELC 20013 (KLR) (26 September 2023) (Ruling)
✦ The application is merited and the ex-parte proceedings, directions, and subsequent orders made on May 18, 2023, are set aside.
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Kiagi v National Environment Tribunal; Seifert & another (Interested Parties) (Suing as Chairman and Secretary Respectively of the New Nyali Resident Association) (Environment and Land Petition 45 of 2021) [2023] KEELC 20057 (KLR) (26 September 2023) (Ruling)
✦ The court has no jurisdiction and has downed its tools in respect of the proceedings in NET Tribunal Appeal No. 51 of 2020. The application for stay of NET Tribunal Appeal No. 51 of 2020 is dismissed.
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Dikir v Maasai Mara Wilderness Lodge Limited (Environment and Land Appeal E005 of 2022) [2023] KEELC 20164 (KLR) (26 September 2023) (Judgment)
✦ The Honourable Court is of the considered view that the Appellant has been partially successful in this Appeal only in terms of the legality of the permanent injunction issued on the 21st of January 2021.
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Chemjor v Kipchilat (Environment & Land Case 60 of 2019) [2023] KEELC 20000 (KLR) (26 September 2023) (Ruling)
✦ The court denied the application as the proposed amendments would introduce a new cause of action and defeat the defendant's defence of limitation.
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Aloo - Suing as the legal representative of the Estate of Francis Okeyo Onyango (Deceased) v Taro (Environment & Land Case 14 of 2021) [2023] KEELC 20206 (KLR) (26 September 2023) (Judgment)
✦ The court finds the contract to be null and void ab initio and not enforceable.
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Toshike Construction Co. Ltd & 2 others v Sokhi & 12 others (Environment & Land Case E058 of 2023) [2023] KEELC 20056 (KLR) (26 September 2023) (Ruling)
✦ The Court admitted the further affidavits and submissions on the condition that they be served within 24 hours and that the Plaintiffs be given leave to file and serve a further affidavit and supplementary submissions within 7 days.
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Ola Energy Kenya Limited v Nyiro & 5 others (Environment and Land Appeal 33 of 2023) [2023] KEELC 20140 (KLR) (26 September 2023) (Ruling)
✦ The application is dismissed with costs.
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Khaoya (Personal representative of Elika Nanjala Mutuka) & another v Wekesa & 13 others (Environment & Land Case 100 of 2010) [2023] KEELC 20323 (KLR) (26 September 2023) (Judgment)
✦ The court finds that the plaintiffs have not proved their claim on a balance of probability and dismisses the suit with costs to the defendants.