Judgment[2025] KEELC 18646
Adera v Okode & 5 others
Environment and Land Court at Migori
Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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: 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: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
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: 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.
Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 20 OF 2008 IN THE MATTER OF : THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CHAPTER 7, LAWS OF KENYA) AND THE REGULATIONS MADE THEREUNDER AND IN THE MATTER OF: ELECTION FOR THE KANDARA PARLIAMENTARY CONSTITUENCY AND IN THE MATTER OF: THE PETITION OF ALICE MUTHONI WAHOME BETWEEN ALICE MUTHONI WAHOME ………….…..........…………PETITIONER VERSUS JAMES MAINA KAMAU …..……….….……...……..1ST RESPONDENT REUBEN WARUI CHEGE ………
Division and case type: Constitutional and Human RightsElection Petition
Appeal went to great lengths to examine the relevant authorities and I totally agree with their conclusion on that issue. However in this case in considering the legal effect of the Act and the rules and particularly sections 14 (1) (a) and 14 (2) the provisions of the Interpretation and General Provisions Act (cap 2) set out namely section 24 and section 33 were not considered.
Division and case type: Constitutional and Human RightsElection Petition
attractive to cite that UK law, we have our own EPR and they do not have a provision for a judge to order for any mode of service of a petition. Neither does section 20 of the Act.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Omolo, Shah & Owuor, JJ.A.) CIVIL APPLICATION NO. 223 OF 1999 (89/99UR) BETWEEN INDUSTRIAL AND COMMERCIAL DEVELOPMENT CORPORATION.....................................................APPLICANT AND DABER ENTERPRISES LIMITED...................................................................RESPONDENT (An application for a stay of execution pending the lodging and hearing of an intended appeal from the Ruling of the High Court of Kenya at
Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA Election Petition 3 of 1998 THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CAP.7) AND REGULATIONS THEREUNDER AS AMENDED FROM TIME TO TIME AND IN THE MATTER OF THE ELECTION FOR THE SHINYALU PARLIAMENTARY CONSTITUENCY BETWEEN JAPHETH GALAGATI SHAMALLA............................................ THE ELECTORAL COMMISSION OF KENYA...............RESPONDENTS RULING JAPHETH GALAGATI SHAMALLA (hereinafter referred to as "the petitioner) fil
Division and case type: Constitutional and Human RightsElection Petition
Constitution cannot be exercised by any other organ of the Government. Further, the Standing Orders made under section 56 of the Constitution have excluded any discussion, in Parliament, of any matter pending in a Court of law.
Division and case type: Constitutional and Human RightsElection Petition
Constitution cannot be exercised by any other organ of the Government. Further, the Standing Orders made under section 56 of the Constitution have excluded any discussion, in Parliament, of any matter pending in a Court of law.
Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO 11 OF 1998 IN THE MATTER OF THE NATIONAL ASSEMBLY & PRESIDENTIAL ELECTIONS ACT CAP.7 AND REGULATIONS MADE THEREUNDER AND IN THE MATTER OF THE ELECTION FOR THE GATANGA PARLIAMENTARY CONSTITUENCY BETWEEN SAMUEL KAMAU MACHARIA..............................................................PETITIONER AND THE ELECTORAL COMMISSION OF KENYA..........................1ST RESPONDENT NAPATHTALI CHOMBA...............................
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO. NAI 224 OF 1997 BETWEEN 1.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, AKIWUMI & PALL, JJ.A.) CIVIL APPLICATION NO. 284 OF 1997 (UR.120/97) BETWEEN EZRA ODONDI OPAR ........................................APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction to restrain the Respondent from retaking possession of the Kendu Bay Total Service Station the subject matter of the Applicant's intended Appeal and to Restrain the R
Division and case type: Constitutional and Human RightsElection Petition
By his notice of motion dated 17.2.93 which was later withdrawn the petitioner sought this Court’s orders to keep the ballot papers, boxes registers etc at a safe place until the hearing of the petition. But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.
Division and case type: Environment and LandLand Case
IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO. NAI 18 OF 1987 OTIENO……………………………… APPLICANT VERSUS OUGO & ANOTHER….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J)