Judgment[2025] KEELC 18646
Adera v Okode & 5 others
Environment and Land Court at Migori
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: FamilySuccession Cause
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: FamilySuccession Cause
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: 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: 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: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU SUCCESSION CAUSE NO. 47 OF 2011 In the matter of the Estate of MZEE OMARI (Deceased) ABDALLA MUTEMBEI GISAGA.................................APPLICANT VERSUS PAMELA GACHERI PATRISIO.........................1ST RESPONDENT CRISUS MICHENI NDEKE (MWALIMU)..........2ND RESPONDENT NYAGA ISMAEL (SMATEX)............................3RD RESPONDENT JOSEPH MURITHI (MUEMBU).......................4TH RESPONDENT NJAGI NTIBA (CHIBU)...........................
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE INDUSTRIAL COURT OF KENYA AT NAKURU CAUSE NO. 96 OF 2013 BERNARD DAMUNGA NDUNDA...........................................................................CLAIMANT -VERSUSKERIO VALLEY DEVELOPMENT AUTHORITY...........................................................RESPONDENT (Before Hon.
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: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU SUCCESSION CAUSE NO. 79 OF 2007 ANNE KENDI MBAYA............................................................................................PETITIONER VERSUS JONATHAN M’NKANATA M’MUGWIKA............................................................OBJECTOR R U L I N G This is an application by petitioner Anne Kendi Mbaya brought under Section 47 of the Law of Succession Act and Rule 73 of the Probate and Administration Rules.
Division and case type: FamilySuccession Cause
When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions. In my view this appeal will be determined by a single point of law without considering the merits of the case.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 616 of 2009 DR. MAINA MWEA T/A SPAX PUB & RESTAURANT ......................................................PLAINTIFF VERSUS GEORGE KIMANI NJUKI ………………..…………… ………...1ST DEFENDANT GEPRGE WAINAINA REBO…………………………………….2ND DEFENDANT RULING 1.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 2772 of 1997 ALLAN S. REYNOLDS .................................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay of execution of decree pending appeal.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Succession Cause 500 of 1997 IN THE MATTER OF THE ESTATE OF THE LATE KIBOWEN KOMEN WILLIAM KIPROP KOMEN………………………………. …….PETITIONER VERSUS RACHEL KIPNGENO KOMEN………….……………………..… OBJECTOR RULING The applicant herein, Agrisup Limited, filed an application by way of a chamber summons under the provisions of Sections 47, 51, 66, 74, 83 and 86 of the Law of Succession Act Cap 160 and Rules 7(d), 16 and 49 of Probate and Administration Rules.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 158 OF 1998 IN THE MATTER OF THE ESTATE OF GLADWELL MUMBI NJOROGE (DECEASED) RULING The applicant herein John Njoroge by way of application by summons dated 28/8/1999 seeks for the revocation of the grant granted to Margaret Rohio and Jane Tatua on 8/4/1988 for reasons that:- a.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Succession Cause 414 of 1984 IN THE MATTER OF THE ESTATE OF PAUL NENE METHA – DECEASED RULING Peter Kimani Nene and Fredrick Kimani filed the Petition for grant of representation for the estate of the deceased on 7th June, 1989. Rahab Michere Nene thereupon filed Cross-petition and Answer to the petition as well as Objection to making of the grant on 17th August, 1984 and 26th July, 1984 respectively.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 251 OF 1988 IN THE MATTER OF THE ESTATE OF KARIUKI KAMAU (DECEASED) 1.
Division and case type: Milimani Commercial CourtsSuccession Cause
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 1064 OF 1994 IN THE MATTER OF THE ESTATE OF ISAAC KIRERU NJUGUNA (DECEASED) RULING Kimani Njuguna and Patrick Njuguna, petitioned for a grant of letters of administration to the estate of the late Isaac Kireru Njuguna, deceased.
Division and case type: FamilySuccession Cause
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, SHAH & BOSIRE, JJ.A) CIVIL APPLICATION NO. 224 OF 1999 BETWEEN JASWANT SINGH DHINGRA ..............................APPLICANT AND JASWINDER DHINGRA ..................................RESPONDENT (An application to strike out Notice of Appeal filed herein on 18th day of December, 1998 in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hon.