Judgment[2025] KEELC 18646
Case law
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Division and case type: Environment and LandLand Case
optional, rather, it is mandatory and a person does not choose whether to obey a court order or not...The courts should not fold their hands in helplessness and watch as their orders are disobeyed with impunity left, right and centre. This would amount to abdication of our sacrosanct duty bestowed on us by the Constitution.
Division and case type: CivilCivil Appeal
Abdirahman & another v National Land Commission & 2 others (Environment and Land Petition E012 of 2025) [2025] KEELC 18471 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEELC 18471 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT GARISSA ENVIRONMENT AND LAND PETITION E012 OF 2025 MN GICHERU, J DECEMBER 19, 2025 IN THE MATTER OF: THE CONSTITUTION OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68,
Division and case type: CivilCivil Case
Abdullah & another v Chari & another (Civil Case E007 of 2021) [2024] KEHC 16144 (KLR) (20 December 2024) (Judgment) Neutral citation: [2024] KEHC 16144 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE E007 OF 2021 MA ODERO, J DECEMBER 20, 2024 BETWEEN HAWO SHANKO ABDULLAH .......................................................... 1ST PLAINTIFF ZAMZAM GOBE GARO .....................................................................
Division and case type: Environment and LandCivil Appeal
Ogolla v Onyango Otunga & Company Advocates (Civil Appeal E101 of 2023) [2023] KEHC 27214 (KLR) (27 December 2023) (Ruling) Neutral citation: [2023] KEHC 27214 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL APPEAL E101 OF 2023 RE ABURILI, J DECEMBER 27, 2023 BETWEEN GEORGE OGOLLA .................................................................................. APPELLANT AND ONYANGO OTUNGA & COMPANY ADVOCATES ......................
Division and case type: CivilCivil Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: CivilCivil Case
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: CivilCivil Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: CivilCivil Appeal
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: CivilCivil Appeal
that the wires were naked before he rented the premises and that the child had to be standing in order to touch the wires. The Respondent did not call any witness and the medical reports were produced by consent of both parties.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MISC. E13 OF 2020 ATLANTIS KENYA LIMITED......APPLICANT VERSUS CHEBUSWA LIMITED...............RESPONDENT Coram: Hon.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MISC. E13 OF 2020 ATLANTIS KENYA LIMITED......APPLICANT VERSUS CHEBUSWA LIMITED...............RESPONDENT Coram: Hon.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: CivilCivil Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CORAM: D. 54 OF 2018 BETWEEN ADERO OJANO ………………..……………………………….
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KOOME, OKWENGU & KANTAI, JJ.A.) CIVIL APPEAL NO. 292 OF 2014 BETWEEN AGGREY CHITERI…………………….........................APPELLANT AND REPUBLIC OF KENYA……....…..…………………..…RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Majanja J.), dated 30th May, 2014 in High Court Petition No.
Division and case type: Environment and LandLand Case
the applicant has met the threshold as set in the Mrao case and I see no reason to deny her the orders sought pending the hearing and determination of the suit. The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff.
Division and case type: CivilCivil Appeal
24 of the Advocates Remuneration Order imposes that duty on the borrowers advocate. An order of specific performance presupposes a legal or equitable obligation on a person to perform it and since such a legal obligation does not flow from the security documents or the provisions of the law I have cited, the learned trial magistrate erred in ordering specific performance.
Division and case type: CivilCivil Appeal
We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case for a proper interpretation of the constitutional status of County Assembly privileges, operating within the scheme of the separationofpowers doctrine. As it is clear to us that the respondents’ case rests on fundamental constitutional questions not yet interpreted, and which
Division and case type: Milimani Commercial CourtsCivil Case
which was advanced to the Plaintiff by the Defendant. The principal prayer therein was an order directing the Defendant to register a discharge of charge at the lands office in favour of the Plaintiff and to forthwith release the original title document over Nairobi/Block III/601 – Komarock to the Plaintiff.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CIVIL CASE NO. 82 OF 2012 (FORMERLY NYERI HCCC 308/1997) FREDRICK MUKUA NJIGORU……............…..........1ST PLAINTIFF KUDGETA WAMUGO NJIGORU................................2ND PLAINTIFF VERSUS LIQUIDATOR KENYA NATIONAL ASSUARANCE BANK LTD.......1ST DEFENDANT KENYA COMMERCIAL BANK LTD.....
Division and case type: Environment and LandLand Case
That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. That this Honourable Court be pleased to retain the Inhibition Order lodged upon the suit land and to restrain the Defendant from wasting, cutting trees and/or vegetation or anything growing on the suit premises and from harassing the Applicant or the heirs or Dependants of the late Plaintiff until the determination of this suit.