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: 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: 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: 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: 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: 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: 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: 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: 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: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL CASE NO.167 OF 2008 IN THE MATTER OF REGISTRATION OF LANDS ACT CAP 300 OF THE LAWS OF KENYA AND IN THE MATTER OF PLOT NO.20 MEASURING 40 ACRES IN LAND REFERENCE NO.548 KERINGET ESTATE, MOLO, OTHERWISE KNOWN AS LAND TITLE NO. OLENGUGUONE/KERINGET BLOCK 1/20 BETWEEN AARON KIPLAGAT KAMOING………………..........................………PLAINTIFF/RESPONDENT AND MAJOR WILSON KOITABA……………........................…………..1ST DEFENDANT/APPLICANT JOEL KIBET K
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: Milimani Commercial CourtsCivil Case
(d) It is just in the circumstances of this case and in the interests of justice that the restraining orders be granted. Opposing the application, the 1st Defendant filed grounds of opposition on 9th July, 2010 which were supplemented by the 1st Defendant’s replying affidavit sworn by Jon Waïn, the 1st Defendant’s Legal Counsel on 15th July, 2010.
Division and case type: CivilCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. LOWE & COMPANY LIMITED …………………………….PLAINTIFF VERSUS CREDIT AGRICOLE INDOSUEZ …………………………1ST DEFENDANT BANK OF AFRICA KENYA LIMITED …………...…….….2ND DEFENDANT REGISTRAR OF TITLES, MOMBASA …………….…….3RD DEFENDANT RULING AND/OR DIRECTIONS A fundamental issue has arisen in respect of the application dated 30.10.2010 by the 1st Defendant and which all parties agree will have crucial consequences or ramifications depe
Division and case type: Milimani Commercial CourtsCivil Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION) CIVIL CASE NO. 310 OF 2007 ANTHONY MAINA NJIIRI (suing as attorney for JAMES NJIIRI)…….………..…………………….................