Festus Riungu M’arithi v Julius Mwirigi M’arithi [2021] KEELC 155 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E052 of 2021
The Environment and Land Court at Meru dismissed an application for stay of execution and temporary injunction, finding no substantial loss or security offered.
Stephen Mugo Kimunyi v Bernard Muthike [2021] KEELC 4307 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 30 of 2019
The court dismissed a claim that a rice holding in the Mwea Irrigation Scheme was held in trust for a family. It found the defendant was only a licensee, not a trustee.
Joyce Michere Githinji v Patrick Ngarariga Wang’ombe [2020] KEELC 791 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 13 of 2019
Appeal partly allowed: the Environment and Land Court set aside an execution order permitting cultivation of rice land and held the appellant, a licensee, had no proprietary interest in the land.
Laban Masinjila v Suluman Sumba - Minister for Lands County Ministry of Lands & County Government of Kakamega [2020] KEELC 3062 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 279 of 2014
Judge
NA Matheka
The court dismissed a land ownership and trespass claim after finding the plaintiff failed to develop an allotted plot extension within the required 12 months.
Jane Wahito Gatibiri v Stephen Maina [2019] KEHC 6999 (KLR)
Court
High Court
Case number
Civil Appeal 16 of 2016
Judge
NA Matheka
The High Court dismissed an appeal over stall No. 317 in Nyeri, finding no proven agreement to transfer the stall after loan repayment and no basis for ownership.
Naomi Njeri Ayub v Mary Nyambura Wangombe & National Irrigation Board [2019] KEELC 4198 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 11 of 2017
The court found that rice holding No. 465 Unit T 22 Gathigiriri is not the absolute property of Monica Wairimu Kamondo or her estate, but rather is held and managed by the National Irrigation Board under the Irrigation Act. The Board has the statutory authority to allocate, assign, and regulate such holdings, and the 1st defendant was issued a beacon certificate following the Board's procedures after the death of her husband, Benson Wangombe. The plaintiff failed to prove, on a balance of probabilities, that she or the estate of Monica Wairimu Kamondo had a superior claim to the rice holding…
Mary Njeri Kamanu v Martin Ng’ang’a Kamanu [2018] KEELRC 888 (KLR)
Court
Employment and Labour Relations Court
Case number
? 1538 of 2016
The court dismissed a mother’s motion for injunction and summary judgment over family land, finding no irreparable harm and that the son raised a triable defence.
Milka Wambui Ndaba & Solomon Mukonyo Ndaba v Josphat Kinyanjui Mukonyo, David Mbugua Mukonyo & Joseph Ndaba Mukonyo [2018] KEELC 2537 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 433 of 2013
Judge
BN Olao
The court held that a Land Disputes Tribunal lacked jurisdiction over ownership issues in a Mwea irrigation scheme, so res judicata did not apply. The suit was dismissed.
Court of Appeal dismissed an injunction application pending appeal, finding no arguable appeal where the applicant’s stay in the property had no legal basis.
Wachira Njagi & Caroline Wamarwa Njagi v National Irrigation Board, Stephen Njagi Gichoya, Mucue Njagi, Grace Mabuti Njagi & Nancy Wamarwa Njagi [2017] KEELC 350 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 69 of 2016
Judge
BN Olao
The court found that the plaintiffs are the current licencees and tenants of rice holdings No. 3966A and 3966B, with valid receipts and licences issued by the 1st defendant. The 1st defendant did not oppose the application, and the plaintiffs' averments were uncontroverted. There was no evidence of breach of licence conditions by the plaintiffs. The 2nd, 3rd, 4th, and 5th defendants do not hold any licence to the disputed rice holdings, and any attempt to occupy them would amount to trespass. The plaintiffs established a prima facie case, and the threat of eviction constituted irreparable inj…